Re: Taketh away
Just to be clear, this dispute is over a Design Patent - what we in the UK would instead call 'Trade Dress', like the shape of branded cola bottle or car radiator grill. What we think of as real, proper patents are referred to in the US as 'Utility Patents'.
This confusion isn't helped that in the US it is the same organisation that registers Patents and Trademarks.... indeed the clue in in the name: United States Patent and Trademark Office.