Wednesday, September 16, 2015

High Point Designs Part II - "Overall Appearance" Does Not Mean "Abstract Design Concept"

In round two of High Point Design v. Buyer's Direct, (i.e. the fuzzy slipper case), the Federal Circuit held that a design patent for the ornamental appearance of a fuzzy slipper held by Buyer’s Direct, Inc. (“BDI”) was not anticipated by an alleged prior art slipper.  On the other hand, the Federal Circuit also held that meaningful differences in the overall visual effect of the design patent and an alleged infringing product supported a summary judgment determination of non-infringement.  See High Point Design LLC v. Buyer’s Direct, Inc., No. 14-1464 (Fed. Cir. July 30, 2015).