Federal Circuit, Split On Design Patents, Denies Manufacturer’s Rehearing Bid

( August 12, 2026, 1:58 PM EDT) -- WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Aug. 11 denied a massage device manufacturer’s petition for en banc rehearing, leaving in place a split panel’s opinion that affirmed a Maine federal judge’s grant of summary judgment of noninfringement in a dispute over a design patent describing the massager; conflicting opinions attached to the order illustrate a sharp dispute over whether current design patent doctrine improperly lets judges dissect designs and decide visual similarity questions that should reach juries....