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CURVER LUXEMBOURG v. HOME EXPRESSIONS

2018-2214.

938 F.3d 1334 (2019)

CURVER LUXEMBOURG, SARL, Plaintiff-Appellant v. HOME EXPRESSIONS INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: September 12, 2019.

Attorney(s) appearing for the Case

Michael Anthony Nicodema , Greenberg Traurig, LLP, Florham Park, NJ, argued for plaintiff-appellant. Also represented by Jason Harris Kislin , Barry Schindler .

Steven M. Auvil , Squire Patton Boggs (US) LLP, Cleveland, OH, argued for defendant-appellee. Also represented by Jeremy William Dutra , Washington, DC.

Erik Stallman , Samuelson Law, Technology & Public Policy Clinic, University of California, Berkeley School of Law, Berkeley, CA, for amicus curiae Open Source Hardware Association. Also represented by Jennifer M. Urban .

Before Chen, Hughes, and Stoll, Circuit Judges.

Plaintiff-appellant Curver Luxembourg, SARL (Curver) is the assignee of U.S. Design Patent No. D677,946 ('946 patent), entitled "Pattern for a Chair" and claiming an "ornamental design for a pattern for a chair." The design patent's figures, however, merely illustrate the design pattern disembodied from any article of manufacture...

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