Richardson v. Stanley Works Inc.

Case Number: CLB0247

Date: 03.09.2010

Citation: 93 U.S.P.Q.2d 1937 (Fed. Cir. 2010)

With respect to patent infringement, the Federal Circuit holds using the “ordinary observer” test as the sole test for patent infringement of a design patent does not preclude the separation of functional aspects of a claimed design from its ornamental aspects in determining the scope of the design patent; however, the discounting of functional elements cannot convert the overall infringement test to an element-by-element comparison.

Download PDF Return to Case Law Briefs Main Page