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

The article focuses on the so-called Egyptian Goddess test for design patent infringement in the U.S. It reveals that district courts which look at the scope of design patents under the test have discovered that the scope of design patents is narrow. It discusses summary judgment rulings which show that prior art played a vital role in identifying the scope of the protected design. A ruling held by the Federal Circuit in a case involving Crocs Inc. stresses that the emphasis should not be on differences in individual features, but on the overall design.