Dowd Scheffel PLLC Urges Court to Reconsider Key Design-Patent Infringement Test
- Matthew Dowd
- Jun 30
- 1 min read
Dowd Scheffel PLLC, on behalf of client North Star Technology International Ltd., filed a petition for en banc rehearing at the U.S. Court of Appeals for the Federal Circuit. The petition challenges the court’s April decision affirming summary judgment of noninfringement in favor of Latham Pool Products in a design patent dispute.
The case centers on U.S. Design Patent No. D791,966, which covers the unique design of North Star’s popular Pinnacle pool. North Star contends that the current “plainly dissimilar” test used to assess design patent-infringement is flawed and lacks objective standards because it is a “know-it-when-I-see-it” approach.
The Law360 article, petition, and opinion can be found below. The petition is also detailed in this article on IP Watchdog.
Matthew J. Dowd and Robert J. Scheffel authored the petition, along with Perry Saidman of Saidman Law. Mr. Dowd argued the appeal before the Federal Circuit in April 2025.
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