United States Federal Circuit

In an infringement action related to several utility and design patents related to ultrasonic surgical devices, the district court's grant of defendant's motions for summary judgment is: 1) vacated as to summary judgment of noninfringement; 2) reversed in part as to summary judgment of invalidity of the design patents, where defendant has not met its burden of showing that the ornamental designs claimed by plaintiff are primarily functional; 3) vacated as to the construction of the design patents as having no claim scope whatsoever; and 4) affirmed as to the court's alternative grant of summary judgment of noninfringement of the design patents.

Appellate Information

• Decided 08/07/2015
• Published 08/07/2015

Judges

• CHEN

Court

• United States Federal Circuit

Counsel