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Brinks, Hofer, Gilson & Lione
Legal Ruling on Design Patents Favors Consumer Goods Companies
November 15th, 2008
According to Kelly Burris, an attorney with Brinks Hofer Gilson & Lione, one of the largest intellectual property law firms in the U.S., the legal standard for design patent infringement has changed. In a recent decision by the Federal Circuit in Egyptian Goddess v. Swisa, Inc., (decided September 22, 2008), the more recent "Point of Novelty" test was eliminated in favor of exclusive application of the long-established "Ordinary Observer" test. Previously, with the Point of Novelty test, an accused product only constituted infringement if it incorporated the element or elements of the patented design that distinguished the patented design from prior art. Using the Ordinary Observer test,...
Source: Law & Health Weekly (2008-11-15)
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