Selection of Primary Reference in a Design Case is a Question of Fact that Should Not be Resolved on Summary Judgment

In Spigen Korea Co. Ltd. v. Ultraproof, Inc., [2019-1435, 2019-1717] (April 17. 2020) the Federal Circuit reversed summary judgment of invalidity of three asserted design patents (U.S. Design Patent Nos. D771,607, D775,620, and D776,648 direct to a cell phone case) … Continue reading Selection of Primary Reference in a Design Case is a Question of Fact that Should Not be Resolved on Summary Judgment