Fractured CAFC Denies En Banc Rehearing in Case on Proper Test for Design Patent Infringement

A split U.S. Court of Appeals for the Federal Circuit (CAFC) today denied a request for rehearing or rehearing en banc of a decision issued in February of this year relating to the proper test for determining design patent infringement. In the February precedential decision, the court affirmed a district court’s grant of summary judgment of non-infringement to Armaid Company, Inc. that its massage product did not infringe Range of Motion Products LLC’s (RoM’s) design patent claims. The opinion w