ADVANTEK MARKETING, INC. v. SHANGHAI WALK-LONG TOOLS CO.

  • Aug 6 2018
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  • Category: CAFC Updates

Advantek owns design patent No. D715,006 for a portable animal kennel.  Advantek sued its former manufacturer, Shanghai Walk-Long Tools Co. and others for patent infringement, breach of contract, and aiding and abetting breach of fiduciary duty. The district court granted Walk-Long’s motion for judgment on the pleadings, holding that prosecution history estoppel bars Advantek from enforcing the D’006 patent.  The CAFC concludes that prosecution history estoppel does not preclude enforcement of the patent and reverses and remands, finding that regardless of whether Advantek surrendered claim scope during prosecution, the accused product falls outside the scope of the purported surrender, contrary to the district court’s conclusion.

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