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Geoffrey Kercsmar Argues to Federal Circuit Court in Patent Case

January 13, 2010

In a case that could have national and international ramifications, Geoffrey Kercsmar recently argued to the United States Court of Appeals for the Federal Circuit that in design patent infringement cases, trial courts must not use claim construction to circumvent or limit the recently reaffirmed Gorham test.  Kercsmar & Feltus represents an individual inventor in a design patent infringement case against The Stanley Works, one of the largest and most recognizable toolmakers in the world.  At trial, The Stanely Works sucessfully argued that the inventor’s patented design largely covered “functional” aspects of the design, not the required ornamental aspects of the design.  The trial court agreed, granting a verdict in favor of The Stanley Works.  On behalf of their client, Kercsmar & Feltus appealed to the Federal Circuit.  On appeal, Kercsmar & Feltus argued that parsing the functional elements from the overall design of a patent is improper, because it makes application of the century-old Gorham test impossible.  Mr. Kercsmar’s argument to the Federal Circuit can be heard at http://oralarguments.cafc.uscourts.gov/mp3/2009-1354.mp3. A decision on the appeal is expected soon.

Posted on January 13, 2010 | « Back to News