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AUTO. BODY PARTS ASS'N v. FORD GLOB. TECHS., LLC

2018-1613.

930 F.3d 1314 (2019)

AUTOMOTIVE BODY PARTS ASSOCIATION, Plaintiff-Appellant, v. FORD GLOBAL TECHNOLOGIES, LLC, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Public Opinion Issued: July 23, 2019.

Attorney(s) appearing for the Case

Robert Glenn Oake, Jr. , Oake Law Office, Allen, TX, argued for plaintiff-appellant. Also represented by Paul Kittinger , Cardelli Lanfear PC, Royal Oak, MI.

Jessica Lynn Ellsworth , Hogan Lovells US LLP, Washington, DC, argued for defendant-appellee. Also represented by Katherine Booth Wellington ; Frank A. Angileri , Marc Lorelli , Brooks Kushman PC, Southfield, MI.

Before Hughes, Schall, and Stoll, Circuit Judges.

This case involves both differences and similarities between design patents and utility patents. A design patent protects a "new, original and ornamental design for an article of manufacture." 35 U.S.C. § 171(a). While established law bars design patents on primarily functional designs for lack of ornamentality, utility...

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