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Do any of these wedges infringe either of these design patents? District judge enters a stipulation saying no, at least under the court’s claim construction: https://www.scribd.com/document/638024578/Accufloor-v-EvenTile-Complaint
RECAP link: https://storage.courtlistener.com/recap/gov.uscourts.flmd.395495/gov.uscourts.flmd.395495.109.0.pdf
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Do these leveling products infringe these patents? A judge just refused to consider that question on a motion to dismiss.
(Side note: There is nothing wrong with a court deciding the issue of design patent infringement on a motion to dismiss if the designs would look “plainly dissimilar” to an ordinary observer. See Egyptian Goddess.)
