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CAFC-DCTJuly 22, 2026·25-1617, 25-1763·Affirmed.

Shenzhen Jisu Technology Co., Ltd. v. The Entities and Individuals Identified in Annex A

District Court

Holding

The Federal Circuit affirmed, holding that collateral estoppel did not bar the district court from revisiting its earlier non-final reasoning in the same ongoing case. The court also held that the district court did not abuse its discretion by considering a later-issued, presumed-valid design patent—purportedly covering the accused products—as undermining Shenzhen’s likelihood of proving design-patent infringement at the preliminary-injunction stage.

Why It Matters

The decision gives district courts room, at least in nonprecedential Schedule A design-patent PI disputes, to consider a later-issued design patent covering the accused product when assessing likelihood of infringement.

Full Summary

Shenzhen Jisu Technology Co., Ltd. v. The Entities and Individuals Identified in Annex A The Federal Circuit affirmed, holding that collateral estoppel did not bar the district court from revisiting its earlier non-final reasoning in the same ongoing case. The court also held that the district court did not abuse its discretion by considering a later-issued, presumed-valid design patent—purportedly covering the accused products—as undermining Shenzhen’s likelihood of proving design-patent infringement at the preliminary-injunction stage. The decision gives district courts room, at least in nonprecedential Schedule A design-patent PI disputes, to consider a later-issued design patent covering the accused product when assessing likelihood of infringement. Affirmed. Shenzhen asserted U.S. Design Patent No. D886,982 for a foldable fan and initially obtained ex parte TRO relief and then a preliminary injunction against Zhouty. After a third party obtained later-issued U.S. Design Patent No. D1,046,104 listing the asserted patent as prior art, defendants argued the later patent’s issuance suggested a patentable difference from Shenzhen’s design and weakened Shenzhen’s infringement showing. The Federal Circuit rejected Shenzhen’s collateral-estoppel argument because issue preclusion does not apply within a single ongoing case to prevent a judge from revisiting non-final rulings. On the PI merits, the majority relied on the design-patent principle that anticipation and infringement use the same ordinary-observer inquiry, and found no abuse of discretion in the district court’s consideration of the later-issued presumed-valid patent. Judge Stoll dissented in part, arguing the district court used an improper shortcut and should have conducted the required three-way comparison among the accused product, the asserted design, and the prior art. infringement injunction / stay standing / jurisdiction non-precedential § 102 claim preclusion infringement injunction / stay standing / jurisdiction non-precedential § 102 claim preclusion infringement injunction / stay non-precedential claim preclusion

Key Points

  • Shenzhen asserted U.S. Design Patent No. D886,982 for a foldable fan and initially obtained ex parte TRO relief and then a preliminary injunction against Zhouty.
  • After a third party obtained later-issued U.S. Design Patent No. D1,046,104 listing the asserted patent as prior art, defendants argued the later patent’s issuance suggested a patentable difference from Shenzhen’s design and weakened Shenzhen’s infringement showing.
  • The Federal Circuit rejected Shenzhen’s collateral-estoppel argument because issue preclusion does not apply within a single ongoing case to prevent a judge from revisiting non-final rulings.
  • On the PI merits, the majority relied on the design-patent principle that anticipation and infringement use the same ordinary-observer inquiry, and found no abuse of discretion in the district court’s consideration of the later-issued presumed-valid patent.
  • Judge Stoll dissented in part, arguing the district court used an improper shortcut and should have conducted the required three-way comparison among the accused product, the asserted design, and the prior art.
infringementinjunction / staystanding / jurisdictionnon-precedential§ 102claim preclusion

How this summary was made: Drafted with AI from the court's opinion or order. Read the document itself before relying on the summary. Editorial policy

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