One month after the Federal Circuit altered the obviousness standard for design patents in a much-anticipated en banc decision in LKQ Corporation v. GM Global Technology Operations LLC, an Arizona federal judge in Cozy Comfort vs. Top Brand held that the revised test did not warrant a new trial on an $18.4 million verdict issued under the “improperly rigid” obviousness standard replaced by LKQ.
Summary
The jury in Cozy Comfort had previously awarded $18 million to plaintiff Cozy Comfort after finding the defendant — a sweatshirt retailer — liable for infringing, among other things, the plaintiff’s design patents claiming a hooded blanket design.
