The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision on Thursday holding that the principles of prosecution history disclaimer apply to design patents, thus reversing a jury verdict that had found Top Brand LLC had infringed Cozy Comfort Company LLC’s trademarks and design patent. Cozy Comfort and Top Brand both manufacture “oversized hooded sweatshirts.” Cozy comfort owns U.S. Design Patent No. D859,788 (the “D788 patent”) and two trademarks for “THE COMFY” for goods and services relating to blanket throws. After Top Brand sought declaratory judgment of non-infringement from the U.S. District Court for the District of Arizona, Cozy Comfort counterclaimed for infringement of the patent and trademarks. A jury ultimately found Top Brand had infringed and the district court denied Top Brand’s motion for judgment as a matter of law (JMOL). 

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