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*DISTRICT COURT IMPROPERLY CONSTRUED DESIGN PATENT CLAIM
Smartrend Manufacturing Grp. (SMG), Inc. v. Opti-Luxx Inc., 24-1616, 24-1650 — Yesterday in an opinion by Judge DYK, the Federal Circuit vacated a district court judgment that Opti-Luxx infringed Smartrend’s design patent for an illuminated school bus sign. Opti-Luxx argued the district court erred in construing the claim term “transparency” to encompass translucency.
The Federal Circuit agreed. The design was claimed “as shown and described” in the specification, indicating the scope of its claims was “limited by both the drawings and the accompanying description.” Under § 1503.02(II) of the Manual for Patent Examining Procedure, oblique shading in drawings claimed “transparent, translucent and highly polished or reflective surfaces,” and specifically, “oblique shading lines visible in the front and perspective views” denoted transparency. Therefore, the oblique shading used by Opti-Luxx limited the claims to “surfaces that possess transparency.”
(1 to 4 stars rate impact of opinion on patent & trademark law)
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STYLE MATTERS IN IP WRITING
A reader recommended the work of the late JAMES MCELHANEY, an often-quoted trial lawyer and professor from the1980s to the early 2000s. Everyone has a style, but is it effective? Here are some of McElhaney’s ideas on style.
The Right Tone — Find the best level of formality to fit the situation. Most legal and IP writing is too formal. Use simple words and sentences. Ordinarily, don’t imitate the tone of judicial opinions.
Don’t Be Awkward — Use the active voice unless there’s a good reason for the passive. Shun many words common in legal writing, including “manifestly,” “plainly,” and “obviously.” If something really is obvious, you don’t need to highlight it.
Make Every Page Attractive — Don’t cram too many words on a page. Break up large paragraphs. Use intriguing headings. Limit footnotes.
Make It Come Alive — Keep the reader engaged. Tell a story. Vary your pace and intensity. Use rhetorical questions occasionally (but carefully).
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