United States Federal Circuit

Summary judgment of non-infringement in a suit brought by plaintiff, a designer and seller of collections of bedroom furniture, against a competitor for infringement of plaintiff's copyrights and design patent is reversed where the trial court mistakenly applied both the extrinsic and intrinsic tests for substantial similarity in copyright infringement, and an element-by-element test for design patent infringement.

Appellate Information

• Decided 03/03/2006
• Published 03/03/2006

Judges

• RADER, Circuit Judge., Before MAYER, RADER, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Donald M. Cislo, Cislo & Thomas LLP, of Santa Monica, California, argued for plaintiff-appellant.   With him on the brief were Daniel M. Cislo, Kelly W. Cunningham, and Mark D. Nielsen.


• For Appellees:
  
• Ronald M. St. Marie, Chan Law Group PLC, of Los Angeles, California, argued for defendants-appellees.   Of counsel was Thomas T. Chan.