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Federal Circuit Reverses and Vacates $4 Million Judgment Against Marquis Mills On September 30, 2025, the United States Court of Appeals for the Federal Circuit issued a precedential decision in Focus Products Group International, LLC v. Kartri Sales Co., Inc., et al., reversing and vacating key rulings entered against Marquis Mills, International, Inc., including a district court judgment of approximately $4 million. The Law Offices of Donald Cox, LLC represented Marquis Mills, International, Inc. throughout the litigation, including proceedings before the district court and the Federal Circuit. As to Marquis Mills, the Federal Circuit reversed the district court's findings of patent infringement under U.S. Patent Nos. 6,494,248 and 7,296,609, holding that the patent owner had disclaimed claim scope covering rings with a flat upper edge during prosecution. The Court explained that the disclaimer arose where claims directed to flat-upper-edge structures were cancelled or withdrawn in response to a restriction requirement and where the patent owner later relied on the absence of that structure to overcome a non-statutory double patenting rejection in a related patent. Under those circumstances, the Court held that the cancelled structure could not be recaptured through claim construction, and that Marquis's accused products therefore could not infringe as a matter of law. The Federal Circuit also vacated the infringement ruling under U.S. Patent No. 8,235,088, finding the district court's infringement analysis legally insufficient and remanding for further proceedings. In addition, the Court reversed the EZ ON trademark infringement ruling for lack of standing and vacated the trade dress infringement, willfulness, and attorneys' fees determinations as applied to Marquis Mills. The case was remanded to the district court for further proceedings consistent with the Federal Circuit's opinion. Attorney advertising. Prior results do not guarantee a similar outcome.
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