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Uncomfortable Truths: Prosecution History Disclaimer in Design Patents
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Uncomfortable Truths: Prosecution History Disclaimer in Design Patents
Top Brand LLC v. Cozy Comfort Company LLC, 24-2191 (Fed. Cir. July 17, 2025) The Federal Circuit has rejected Cozy Comfort's $15 million verdict -- finding that its hoodie design patent was not infringed. D859,788. The case turns on prosecution history - with a holding that the patentee had disclaimed aspects of the design when distinguishing the invention from the asserted prior art. The image here shows the Top Brand accused design (left), C…
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