United States Federal Circuit

In a declaratory action seeking a declaratory judgment of noninfringement concerning two patents for trigger sprayer shrouds, summary judgment of noninfringement for plaintiff is affirmed where: 1) the district court correctly construed the patent claims; 2) the ordinary observer of the trigger sprayer shroud designs was the buyer of trigger sprayers for a contract filler or an industrial purchaser up the stream of commerce from the retail purchaser; 3) the ordinary observer of trigger sprayers would not be deceived by the similarities between the shroud designs; and 4) similarities between the shroud designs did not stem from defendant's two asserted points of design novelty over the prior art in the sprayer shroud field.

Appellate Information

• Decided 09/12/2007
• Published 09/12/2007

Judges

Court

• United States Federal Circuit

Counsel