United States Federal Circuit

Because the district court improperly applied the "ordinary observer" test, by limiting its analysis of infringement of plaintiff's design patent of a serving tray with shrimp to the time of sale and not fully considering the underside of the tray illustrated in the patent, partial summary judgment of infringement vacated.

Appellate Information

• Decided 03/13/2002
• Published 03/13/2002

Judges

• LINN, Circuit Judge., Before CLEVENGER, SCHALL, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• William J. O'Brien,O'Melveny & Myers LLP, of Los Angeles, CA, argued for plaintiff-appellee.   With him on the brief was Jason D. Linder., Martin J. Trupiano, Sanders & Dempsey, L.L.P., of Los Angeles, CA, argued for defendants-appellants.   With him on the brief was Les J. Weinstein.