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Fifth Circuit Rules For Luv n' care: Unpatented Products Can Be Given Patent-Like Protection by Contract

The Fifth Circuit held that patent law did not displace Suavinex’s contract obligation not to copy any of Luv n’ care’s product designs, including unpatented products available in the public domain.  

The decision has significant and potentially far-reaching impacts for companies who seek to protect their product designs by contract. 

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