Partner John Hemmer is quoted by Managing Intellectual Property discussing the importance of design patent titles following a ruling from the Court of Appeals for the Federal Circuit in Columbia Sportswear v. Seirus Innovative Accessories, which in part clarified what courts should consider when evaluating comparison prior art. John noted that counsel will want to strike the right balance between looking for a broad title and one narrow enough to avoid certain prior art.
“When you name the claim, the title has to be given even more thought than before,” John said.
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