Sarah FackrellMar 23
New design patent case against The Home Depot: KAPROCK MANAGEMENT, LLC et al v. THE HOME DEPOT U.S.A., INC. et al, Docket No. 2:25-cv-01124 (E.D. Tex. Nov 14, 2025). Note that, to conduct the Goddess test, we need to compare the claimed design to the accused product, not a drawing of that product.
Show threadSarah FackrellMar 23
Here's another infringement claim in the same complaint. Oof, this claim. I'm going to need to spend some time with the high-res version of the patent to even start analyzing this one
Show threadSarah FackrellMar 23
No. Awards under § 289 can't be trebled.
Show threadSarah Fackrell
For cites: papers.ssrn.com/sol3/papers....

The 'Article of Manufacture' T...
The 'Article of Manufacture' Today

In Samsung v. Apple, the U.S. Supreme Court ruled that the phrase “article of manufacture” in 35 U.S.C. § 289 of the Patent Act can refer either to the infringe

Mar 23 at 11:56amWeb