The United States Court of Appeals for the Federal Circuit today issued a precedential opinion in favor of Ellis George client Advantek Marketing in the matter of Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co., et al. Advantek owns a design patent in the skeletal structure of its flagship product, the “Pet Gazebo” – an award-winning pet containment unit. Advantek sued a former manufacturer, Shanghai Walk-Long Tools Co., and its distributor, Neocraft Tools Co., Ltd., which manufacture and sell a knockoff version of the “Pet Gazebo” they call the “Pet Companion.” After the district court granted the defendants judgment on the pleadings based on the doctrine of “prosecution history estoppel,” Ellis George and its co-counsel appealed to the Federal Circuit. The Federal Circuit reversed, holding that prosecution history estoppel was inapplicable where, as here, the design the patent owner elected is infringed by a component of the allegedly infringing design. Ellis George lawyer Keith Wesley argued the appeal for Advantek
