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Intellectual Property Law

: Intellectual Property Law

Federal Circuit Redesigns Design Patent Infringement Analysis

By Sheppard Mullin

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The United States Court of Appeals for the Federal Circuit clarified the law of design patents on Monday (September 22, 2008), with its ruling in Egyptian Goddess, Inc. v. Swisa, Inc.[1]   Prior to this decision, owners of design patents were required to satisfy the following two tests to hold infringers accountable for their alleged design misdeeds: (1) Ordinary Observer Test: Formulated by the Supreme Court in 1871, this test asks "if, in the eye of an ordinary observer, giving read more

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Full post as published by Intellectual Property Law on September 25, 2008 (boomark / email).

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