Federal Circuit Changes Design Patent Infringement Standard

Federal Circuit Changes Design Patent Infringement Standard

Client News
On September 22, 2008, the Court of Appeals for the Federal Circuit changed the standard for determining when a design patent is infringed. In a unanimous en banc decision in Egyptian Goddess, Inc. v. Swisa, Inc. (Fed. Cir. Dkt. No. 2006-1562), the Federal Circuit abandoned its "point of novelty" prong, and returned, albeit with some new twists, to the "ordinary observer" test first established by the Supreme Court in 1871. The Federal Circuit provided other guidance that will also likely benefit design patent plaintiffs. For more, see our recent Email Alert.

Notice

Unless you are an existing client, before communicating with WilmerHale by e-mail (or otherwise), please read the Disclaimer referenced by this link.(The Disclaimer is also accessible from the opening of this website). As noted therein, until you have received from us a written statement that we represent you in a particular manner (an "engagement letter") you should not send to us any confidential information about any such matter. After we have undertaken representation of you concerning a matter, you will be our client, and we may thereafter exchange confidential information freely.

Thank you for your interest in WilmerHale.