Decision Boosts Illustrations' Role In Patent Cases

Law360, New York (March 11, 2010, 6:11 PM EST) -- Crocs Inc. v. U.S. International Trade Commission et al., 2008-1596 (Feb. 24, 2010)

The Federal Circuit recently clarified the “ordinary observer” test for infringement of a design patent established in Egyptian Goddess Inc. v. Swisa Inc., 543 F.3d 665, 678 (Fed. Cir. 2008) (en banc). To prove infringement of a design patent, the patentee must show that “an ordinary observer, familiar with the prior art designs, would be deceived into believing that the accused product is the same as the patented design.”

This decision is significant...
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