Pacific Coast Marine decision confirms application of prosecution history estoppel to designs

January 10, 2014

The Federal Circuit handed down a 3-0 decision on Jan. 8, 2014, in Pacific Coast Marine Windshields Limited v. Malibu Boats, LLC et al., recognizing that the concept of prosecution history estoppel applies to design patents. The decision was authored by Judge Dyk, who was joined by Judges Mayer and Chen.

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Posted: January 10, 2014