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United States Federal Circuit


Pacific Coast Marine Windshields v. Malibu Boats, LLC, 2013-1199

In an action brought by plaintiff, an assignee of all rights in a patent for an ornamental boat windshield design against defendant for infringement, summary judgment for defendant of non-infringement is reversed and remanded, where: 1) the principles of prosecution history estoppel apply to design patents; but 2) the accused infringing design was not within the scope of the subject matter surrendered during prosecution.

Appellate Information

  • Decided 01/08/2014
  • Published 01/08/2014

Judges

  • DYK

Court

  • United States Federal Circuit

Counsel

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