The Federal Circuit ruled that Cozy Comfort's hoodie design patent was not infringed, overturning a $15 million jury verdict. The court's decision was based on prosecution history, revealing that the patentee had disclaimed key elements of the design to differentiate it from prior art. Top Brand had initially been found liable for both design patent and trademark infringement after a three-week trial, with the jury awarding substantial damages. However, the Federal Circuit reversed the lower court's decision, denying the claims brought by Cozy Comfort.
The Federal Circuit has rejected Cozy Comfort's $15 million verdict -- finding that its hoodie design patent was not infringed. The case turns on prosecution history.
The patentee had disclaimed aspects of the design when distinguishing the invention from the asserted prior art. The image shows the Top Brand accused design, Cozy Comfort's patented design, and the White prior art.
After a three-week jury trial, Top Brand was found liable for both design patent and trademark infringement, with the jury awarding $15.4 million for design patent infringement.
The district court denied judgment as a matter of law, but the Federal Circuit reversed on both counts, denying Cozy Comfort's claims.
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