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D. Mass Judge Considers Scope of Design Patent Markman Hearing Post-Egyptian Goddess

Design patent fans will find interesting a recent Markman order issued by Judge Douglas P. Woodlock of our federal district court here in Boston. Judge Woodlock construed the claim of U.S. Design Patent No. D-469,840, entitled "Air Gun Sight," keeping in mind the CAFC's recent decision in Egyptian Goddess, Inc. v. Swisa, Inc., 88 USPQ2d 1658 (TTAB 2008) that cautioned against "the dangers of detailed verbal constructions." DePaoli v. Daisy Mfg. Co., Civil Action No. 07-cv-11778-DPW (July 14, 2009).The single claim of the '840 design patent, as usual, simply read: "The ornamental design for [an] air gun sight, as shown and described." The patent includes two figures or drawings.Plaintiff DePaoli offered a minimalist claim construction: "an ornamental design for [an] air gun sight, as shown and described in Figures 1 and 2 of the patent...continue to full post

Full post as published by The TTABlog on July 20, 2009 (boomark / email).