New Test for Design Patent Infringement in the USA Eliminates Separate ‘Point of Novelty’ Inquiry

Egyptian Goddess v Swisa, No. 2006-1562, US Court of Appeals for the Federal Circuit, 22 September 2008 (en banc) Design patent infringement in the USA is determined by comparing the accused product with the patented design from the perspective of an ‘ordinary observer’ knowledgeable of the prior art, and not by a separate ‘point of […]