Results for design patent infringement

Richardson v. Stanley Works Inc.

Case Number: CLB0247

Date: 03.09.2010

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.

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Egyptian Goddess Inc. v. Swisa Inc.

Case Number: CLB0201

With respect to design patent infringement, the Federal Circuit rejects the “point of novelty” and “non-trivial advance” tests, and holds that the “ordinary observer” test should be the sole test for determining infringement.

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