Range of Motion v. Armaid: The Federal Circuit’s Plainly Dissimilar Takes on the Ordinary Observer, PTAB Litigation Blog
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“We have messed up design patent infringement.” So declared Chief Judge Moore in a heated dissent from the Federal Circuit’s denial of en banc review in Range of Motion v. Armaid—one of the most closely watched design patent cases in recent years. The case has exposed a deep rift among the judges over foundational questions: How should courts assess design patent infringement? And who decides the scope of design patent claims—judge or jury?
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