Design Patent Case Digest: Weber-Stephen Products LLC v. Sears Holding Corporation
- Tracy-Gene G. Durkin and David K.S. Cornwell
- Sterne, Kessler, Goldstein & Fox
Plaintiff Weber-Stephen Products LLC sued defendants Sears Holding Corporation and Sears, Roebuck and Co. for infringement of U.S. Design Patent No. D564,834 (“the ’834 patent”), entitled “Shroud for a Barbecue Grill,” and U.S. Design Patent No. D609,045 (“the ’045 patent), entitled “Grill.” Weber also alleged trade dress infringement and infringement of a utility patent. After the parties briefed the issue of claim construction, the court held an oral hearing and construed the claims. Sears sought to exclude fasteners from the scope of the claimed design in both patents and also sought to exclude a horizontal bar from the scope of the claimed design in the ’045 patent.
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