Hoverboard Design Patent Owner Falls Flat at CAFC
Briefly

The U.S. Court of Appeals for the Federal Circuit affirmed the district court's decision that several hoverboard design patents were not infringed by hoverboard products sold online. The patents involved include U.S. Patent Nos. D737,723, D738,256, D784,195, and D785,112. In 2022, the CAFC vacated preliminary injunctions against hoverboard products, noting that there were substantive defects in the district court's reasoning, particularly concerning federal procedural rules regarding notice to defendants for injunctions.
The U.S. Court of Appeals for the Federal Circuit affirmed a district court's finding that several hoverboard design patents were not infringed by hoverboard products sold online.
On remand, the district court granted Appellees' motion for summary judgment of non-infringement because the accused hoverboard products were not substantially similar to the design patents.
The CAFC found substantive defects in the district court's reasoning for granting preliminary injunctions, violating Federal Rule of Civil Procedure 65(a).
Before the entry of the 2020 Preliminary Injunction, no advance notice or opportunity to oppose was given to the named defendants.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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