Egyptian Goddess v. Swisa: So Long “Point of Novelty” Test

Here it is–hot off the wire.*  The Federal Circuit issued its en banc opinion in the Egyptian Goddess case this afternoon.  As many predicted, the "point of novelty" test is no more.  Instead, the Federal Circuit affirmed the district court’s grant of summary judgment based on "the ordinary observer test"–determining infringement "in light of the [...]

But Do They Look Alike To Phelps?

2008-1498 Sofpool v. Intex RecreationED/TX 07-cv-097Mag. Judge Charles Everingham Sofpool appeals from the orders and judgment of Mag. Judge Charles Everingham confirming the jury’s verdict of non-infringement of design patents D408,817 and D408,546.  Michael Smith previously reported the verdict here.

Bernardos May Be Loved By Stars…But Aren’t Infringed By Fortune

2008-1402 Bernardo Footwear v. Dillard’sSD/TX 07-CV-0963Judge Nancy Atlas Patentee Bernardo appeals the orders and judgment of Judge Nancy Atlas granting to defendant Fortune Dynamics partial summary judgment on damages for lack of notice and then, after a bench trial, finding non-infringement.  Defendants Dillard’s, Federated Department Stores, and Michael Kors, Inc. all settled earlier in the [...]

Roman Shade Patents Have No Protectable Points of Novelty

2008-1320 Park B. Smith v. CHF Indus.SD/NY 06-cv-869 Plaintiff Smith appeals from Judge Lawrence McKenna’s grant of summary judgment finding defendant CHF’s roman shade products do not infringe D493,651 or D505,039. First the court held that the overall similarity of CHF’s roman shade was sufficiently close to the patented design to defeat summary judgment as [...]

Got Seoul? LED Willfully Infringes Design Patents

2008-1309 Nichia Corp. v. Seoul SemiconductorND/CA 03:06-cv-0162 Defendant Seoul appeals various orders culminating with Judge Maxine Chesney’s denial of its motions for JMOL and new trial.  A jury had found that Seoul infringed 4 Nichia design patents for light emitting diodes (LEDs). The court rejected Seoul’s arguments, essentially adopting plaintiff’s view and finding that there [...]