Newsletter
| March 9, 2010
Richardson v. Stanley Works, Inc.
The ordinary observer test similarly applies in cases where the patented design incorporates numerous functional elements. In evaluating infringement, we determine whether “the deception that arises is a result of the similarities in the overall design, not of similarities in ornamental features in isolation.”
On March 9, 2010, the Federal Circuit affirmed the district court’s judgment that Stanley did not infringe U.S. Patent D507,167, which related to a multi-function carpentry tool known as the Stepclaw that combines a conventional hammer with a stud climbing tool and a crowbar.
For more information, please contact your Dewey & LeBoeuf relationship partner, or one of the following:
This memorandum is intended only as a general discussion of these issues. It is not considered to be legal advice. We would be pleased to provide additional details or advice about specific situations. For additional information on this important topic, please feel free to call upon your Dewey & LeBoeuf relationship partner. No part of this publication may be reproduced, in whole or in part, in any form, without our prior written consent.
For further information on Dewey & LeBoeuf, please visit www.dl.com. +1 888 532 6383