Topic: an ordinary observer, familiar with the prior art designs, … · Go Syfert
← All topics

Topic #15732

2 canonical passages across 2 cases, quoted by 28 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Crocs, Inc. v. International Trade Commission.

#Case FlagCanonical passage Citers
1 Crocs, Inc. v. International Trade Commission Anchor
cafc · 2010
green “an ordinary observer, familiar with the prior art designs, would be deceived into believing that the accused product is the same as the patented design.” 14
2 Egyptian Goddess, Inc. v. Swisa, Inc.
cafc · 2008
green “the claimed design and the accused design will be sufficiently distinct that it will be clear without more that the patentee has not met its burden of proving the two designs would appear 'substantially the same' to the ordinary observer.” 14

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

← Caselaw search · Hot / Trending / Newly red · Brief Check