The Ninth Circuit was recently asked to determine whether to continue to apply the Circuit’s two-part extrinsic/intrinsic test for “substantial similarity” with regard to a copyright infringement ...

The Federal Circuit recently changed the test for determining whether a design patent can be ruled invalid because a prior patent anticipated it. The court's decision upheld a lower court's ruling ...

“The CAFC explained that the ‘ordinary observer’ test is not an element-by-element comparison but recognizes that designs often include both functional and ornamental elements. Thus, according to the ...