June 01, 2010

The New Test for Design Patent Infringement Is Resulting in Summary Judgment Rulings

In IP Litigator, Stacy Prall analyzes several patent infringement rulings and their effect on design patent holders' attempts to prove infringement. The analysis includes the Federal Circuit's en banc ruling in Egyptian Goddess, Inc. v. Swisa, Inc. and its emphasis on close prior art, as well as the Cros, Inc. v. International Trade Commission ruling that focused on patented designs "as a whole." Read more.

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