Tests For Design Patent Infringement Post-Egyptian Goddess
Law360, New York (September 26, 2014, 10:08 AM EDT) -- In the seminal decision of Egyptian Goddess Inc. v. Swisa Inc., the Federal Circuit struck down one of the two tests commonly used for determining design patent infringement, the "point of novelty" test. Despite rejecting this test, the court incorporated the consideration of prior art into a slightly revised version of the "ordinary observer" test, the hypothetical "ordinary observer" now having familiarity with the prior art. This article will examine the application of this revised version of the "ordinary observer" test, and specifically the consideration of the "plainly dissimilar" analysis set forth by Egyptian Goddess.
Egyptian Goddess Inc. v. Swisa Inc....
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!