Winner Files Response to Lawman Armor's Rehearing Petition
Defendants-Appellees Winner International LLC and WInner Holding LLC have filed their Response to Lawman Armor's Combined Petition for Rehearing and for Rehearing En Banc in the Lawman design patent appeal now pending before the CAFC. Download Response here
The following is the introduction to Defendants-Appellees' ARGUMENT:
"Lawman's combined petition for a panel rehearing and for rehearing en bank [sic] is based on an argument never presented to the district court that granted summary judgment of non-infringement. Indeed, it was not raised until the oral hearing of this appeal. The petition therefore is wholly inappropriate and should be dismissed out of hand.
"Moreover, the argument itself has no connection to the facts and merits of the underlying case. It is based on a hypothetical situation in which a design patent has no discernable points of novelty other than the overall visual impression of the design as a whole. In reality, the design patent at issue has a clear point of novelty, albeit one ignored by the patentee in opposing the motion for summary judgment of non-infringement because the accused devices did not incoroprate the novel feature.
"This clearly is not the proper case for the Federal Court to revisit the settled law of design patent infringement under the point of novelty test. The petition should be denied."