TITLE	Supreme Court Decision 2016Hu878 Decided August 29, 2016¡¼Affirmation of the Scope of Right (Design)¡½ [full Text]
Summary
[1] In the event a design in contrast with a registered design can easily be executable prior to the application for design registration through a publicized design or combination thereof by a designer of ordinary skill in the art, whether the design in question falls under the scope of registered design right (negative) [2] In a case where: (a) Party A and other right holders of the registered design ¡° ¡± and ¡° ¡± of the article named ¡°valve housing¡± filed a claim against Party B in court for active confirmation of the scope of design right by asserting that (i) particular aspects were either identical or similar between the challenged design ¡° ¡± and the registered design and (ii) the challenged design thus fell under the scope of registered design right; and (b) the Intellectual Property Trial and Appeal Board (IPTAB) subsequently granted the request for adjudication, the case holding that the challenged design can easily be executed by a designer of ordinary skill in the art using the cited design ¡° ¡± and ¡° ¡±

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