Analysis

Design Patent Dissent Highlights Frustration Over Subjectivity

By Dani Kass ( February 11, 2026, 9:35 PM EST) -- Federal Circuit Judge Kimberly Moore's impassioned dissent to the court throwing out a design patent infringement suit captured how difficult it can be to frame comparisons, from a legal standard and based on differences in how people perceive the world, attorneys say....

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