SKGF_Advisory_US Design Patents Strengthened by Recent Federal Circuit Ruling...
Design Patent Law Update
1. U.S. Design Patent Law Update United States Patent and Trademark Office Global Intellectual Property Academy - March 19 ,2010 Darrell G. Mottley, Banner & Witcoff, LTD [email_address]
7. In Egyptian Goddess v. Swisa , the full Federal Circuit altered this two test framework for determining design patent infringement, all in the context of . . . Fingernail Buffers INFRINGEMENT CASE LAW UPDATE
8. Egyptian Goddess v. Swisa (Fed. Cir. 2008) (En Banc) Accused Design Patented Design D467,389 Swisa Nail Buffer Egyptian Goddess
43. International Seaway v. Walgreens 589 F.3d 1233 Figure 1 of Crocs ‘789 Patent (Prior Art ) Figure 1 of Seaway’s ‘263 Patent Figure 2 of Crocs ‘789 Patent (Prior Art) Figure 2 of Seaway’s ‘263 Patent
44. Figure 6 of Crocs ’789 Patent Figure 6 of Seaway’s ’263 Patent International Seaway v. Walgreens 589 F.3d 1233
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Notas del editor
Point of Novelty Test No Longer Applicable For Design Patent Anticipation? “ In light of Supreme Court precedent and our precedent holding that the same tests must be applied to infringement and anticipation, and our holding in Egyptian Goddess that the ordinary observer test is the sole test for infringement, we now conclude that the ordinary observer test must logically be the sole test for anticipation as well. In doing so, we will prevent an inconsistency from developing between the infringement and anticipation analyses, and we will continue our well-established practice of maintaining identical tests for infringement and anticipation.”
Large question of “Substantial Similarity” as a New Standard for Design Patent Obviousness Not Clear how to apply Many questions on who is the ordinary observer Not the “holding” of the case