What is the legal standard for design patent infringement?

Design patent infringement is evaluated under the “ordinary observer” test, which asks whether an ordinary purchaser would find the accused product substantially the same in overall appearance as the patented design. Because this test relies heavily on visual impressions, mediation provides an ideal environment to discuss consumer perception outside the rigidity of litigation.

Darin M. Klemchuk

Darin M. Klemchuk is the Managing Partner and founder of Klemchuk PLLC.  He focuses his law practice on intellectual property and commercial litigation, anti-counterfeiting and IP enforcement programs, and legal strategy for growing businesses.  You can connect with Darin via email or follow up on LinkedIn.

http://www.klemchuk.com/team/darin-klemchuk/
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Can mediation help if we disagree on whether the designs are similar?

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Do I need an attorney for this type of mediation?