Hall v Bed Bath Beyond

The Court of Appeals for the Federal Circuit overturned a district court’s decision that a plaintiff had failed to state a claim of infringement of a design patent and had not met the criteria for claim of unfair competition.  The Federal Circuit, citing PhotoMetrics, Inc. v. Hospitality Franchise Systems, Inc., stated that a claim of patent infringement must “(i) allege ownership of the patent, (ii) name each defendant, (iii) cite the patent that is allegedly infringed, (iv) state the means by which the defendant allegedly infringes, and (v) point to the sections of the patent law invoked.”  And, regarding infringement of a design patent, infringement need be based on the design as a whole, not on any “points of novelty.” (citing Egyptian Goddess, Inc. v. Swisa, Inc.)  The opinion can be found here.  Hall v. Bed Bath & Beyond, Inc