Range of Motion Products, LLC v. Armaid Company Inc.

Range of Motion Products, LLC v. Armaid Company Inc. The Federal Circuit denied panel rehearing and rehearing en banc, leaving in place the panel affirmance of summary judgment of design-patent noninfringement. The concurrence emphasized that existing precedent permits courts to construe design patent claims, including functionality-related scope issues, and to resolve noninfringement at summary judgment when no reasonable jury could find the designs substantially the same. The order leaves intact the Federal Circuit’s current approach allowing judges to decide design-patent claim scope and grant summary judgment of noninfringement in sufficiently clear cases, despite a substantial dissent urging more jury control over functionality and overall similarity. Petition for panel rehearing denied; petition for rehearing en banc denied. The operative order denies rehearing and does not disturb the panel’s affirmance of summary judgment of noninfringement in favor of Armaid. The concurrence rejected calls to revisit Egyptian Goddess, stating that comparing similarities and differences is inherent in the ordinary-observer test and that prior-art comparison is not required where designs are plainly dissimilar, though the district court considered prior art here. The concurrence also rejected the argument that functionality/ornamentality issues in design patent claim construction must go to the jury, treating claim construction—including functional-scope guidance—as a court function under existing precedent. Chief Judge Moore, joined by Judge Reyna, dissented, arguing that functionality, ornamentality, and substantial similarity are fact issues for the jury and that the “plainly dissimilar” shortcut has improperly shifted design-patent infringement decisions to judges. Judges Stoll and Stark dissented without opinion; Judge Newman did not participate. claim construction infringement precedential claim construction infringement precedential claim construction infringement precedential