Sarah Burstein on Nostr: First of all, the plaintiff seems to fundamentally misunderstand the entire concept ...

First of all, the plaintiff seems to fundamentally misunderstand the entire concept of design patent scope. Yes, the verbal part of the patent claim says its a design for a "jewelry article." But that doesn't mean it automatically covers any article of jewelry. The shapes still have to be the same.

The earrings and the chunky choker might be said to embody the larger design patent concept but their shapes are totally different. There is no way they infringe. Not even close.