Titan Tire Corp. v. Case New Holland Inc.

Case Number: CLB0223

Date: 06.03.2009

Citation: 90 U.S.P.Q.2d 1918 (Fed. Cir. 2009)

A factor to be considered in granting a preliminary injunction is the patentee’s likelihood of success on the merits. In assessing this factor, a trial court should evaluate the alleged infringer’s evidence of invalidity as well as the evidence the patentee presents in rebuttal. The inquiry into the obviousness of a design patent is whether the claimed design would have been obvious to a designer of ordinary skill who designs articles of the type involved.

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