Spot the Differences: Narrowing Design Patent Scope

On February 2, 2026, the Federal Circuit affirmed summary judgment of non-infringement in Range of Motion Products, LLC v. Armaid Company Inc., holding that Armaid’s massage device did not infringe Range of Motion’s (RoM) design patent. The two devices use similar elements: curved arms, rollers, and a hinged base. But as the Federal Circuit reminds us, factoring out functional elements can drastically reduce the protected scope of a design patent.... By: Miller Johnson