Intellectual Property Law

Patent Claims for Candle Design Which Prevented Scorching Were Invalid Due to Obviousness

The One Sentence Summary: Patent claims for a candle which prevented scorching by having feet on the base of the candle holder and having these feet rest on a cover used as a stand were invalid because the invention was obvious.

Federal Circuit Holdings:

• The district court properly construed the claim language in determining that the "seating" of the candle on the cover did not require locking or engaging.
• The district court should have found that the claimed invention was obvious in light of prior art disclosing a cover used as a stand and feet on the bottom of the candle to minimize scorching.
• The district court erred in finding infringement on summary judgment just because the accused object was capable of having the cover used as a stand. Capability to infringe was not enough. The plaintiff failed to show actual infringement by putting the candles in the infringing configuration.

Full post as published by IP Law Observer on February 09, 2009 (boomark / email).