Sarah Burstein on Nostr: Second, the only facts that matter to the design patent inquiry (at least at the ...
Second, the only facts that matter to the design patent inquiry (at least at the first step of the test) are: (1) what the claimed design looks like; and (2) what the accused product looks like.
If, and only if, they don't look plainly dissimilar, then the appearance of the prior art might matter.
(For more on the test: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3338471)
Therefore, many claims of design patent infringement can (and, in my view, should) be determined well before trial.
If, and only if, they don't look plainly dissimilar, then the appearance of the prior art might matter.
(For more on the test: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3338471)
Therefore, many claims of design patent infringement can (and, in my view, should) be determined well before trial.