#skinify

[skinify]

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[design-law]

Does this decal set, designed losely conform to the exterior contours" of a Nintendo Switch Controller, infringe this design patent for a “Skin Cover for a Game Controller”? That’s one of the claims raised in this recently-filed declaratory judgment complaint.

Side note: I’d say this design isn’t close enough to infringe as a matter of law because it includes tabs that are lacking in the claimed design. And if the plaintiff’s proof about the prior art holds up (if it’s really the same as the accused design, if the dates can be authenticated, etc.) they’ll have a stronger-than-usual invalidity case, since the patent owner can’t argue the accused design is close enough to infringe AND different enough not to anticipate. Also, the accused design would seem to be--if earlier--close enough to constitute a proper primary reference for the purposes of § 103 (though with the Federal Circuit, you never know).

[qriquett]

Guess what came from #decalgirl for me today! #skinify #deviceskins #characterdesign