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CAFC Says Prosecution History Disclaimer Applies to Design Patents, Too

IP Watchdog

Cozy Comfort and Top Brand both manufacture “oversized hooded sweatshirts.” District Court for the District of Arizona, Cozy Comfort counterclaimed for infringement of the patent and trademarks. Cozy comfort owns U.S. Design Patent No. After Top Brand sought declaratory judgment of non-infringement from the U.S.

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4 Strategies for Preventing and Handling Frivolous Lawsuits

Lawmatics

Consider these examples: A person sues a manufacturer claiming that their product caused improbable injuries or damage. Legal Sanctions and Penalties Defendants may pursue a counterclaim against the plaintiff, and if successful, it could result in legal sanctions and penalties for the party that filed the frivolous lawsuit.