MBHB Partner Dunstan Barnes Discusses Federal Circuit’s Denial of En Banc Rehearing in Design Patent Case

In Law360, MBHB Partner Dunstan Barnes discusses the Federal Circuit’s divided decision to deny en banc rehearing in Range of Motion Products LLC v. Armaid Co. Inc. and the potential for Supreme Court review. Barnes addresses concerns with the court’s “plainly dissimilar” analysis and the treatment of functional elements in design patent infringement, noting the significant disagreement among Federal Circuit judges over the current framework. Read the article.