RBW v. Canoe - New design patent case over sconces: https://design-law.tumblr.com/post/716114618479788032/does-this-light-fixture-infringe-this-design
This infringement claim is interesting because, just from the front, the designs do look very similar....
The Federal Circuit has said that "minor differences between a patented design and an accused article's design cannot, and shall not, prevent a finding of infringement." Litton Sys., Inc. v. Whirlpool Corp., 728 F.2d 1423, 1444 (Fed. Cir. 1984).
But in a world where a patent applicant can disclaim anything they want from the scope of the design, courts should not just ignore what's actually in the claim.
Live by Zahn, die by Zahn.
In this case, if the only important part was the front, the patentee could have--and, as a strategic matter, should have--dotted out the rest.
But they didn't. They should be held do the scope of their claim.
Sarah Fackrell