Friday, June 24, 2022

Golden Eye Media Vs Evo Lifestyle Products Ltd.

DATE OF JUDGEMENT: 22.06.2022
CASE NO: 2021-2096
CASE TITLE: Golden Eye Media Vs Evo Lifestyle Products Ltd.
NAME OF HON'BLE COURT: United States Court of Appeals for the Federal Circuit
NAME OF HON'BLE JUDGE: Hon'ble Circuit Judges Lourie, Schall, Reyna

Brief Note on the case: 1.This Appeal has been filed whereby Patent was of the Appellant was held to be invalid on the ground of functionality and obviousness.

2.The Federal Court observed that in determining whether a design is dictated by function, courts consider whether

The protected design represents the best design,”

Alternative designs would adversely affect the utility of the specified article,”

There are any concomitant utility patents,”

The advertising touts particular features of the design as having specific utility,” and

There are any elements in the design or an overall appearance clearly not dictated by function.” Sport Dimension, Inc. v. Coleman Co., 820 F.3d 1316, 1322: Page 5

3.The Court further observed that Obviousness is a question of law that is reviewed denovo, based on underlying factual questions that are reviewed
for clear error.

The underlying factual inquiries include: the scope and content of the prior art;

The level of ordinary skill in the art;

The differences between the claimed invention and the prior
art; and

objective evidence of non-obviousness.

7.After observing the afore mentioned Test, the Federal Court dismissed the Appeal on the ground that order passed by the Trial Court Judge is correct.

Ajay Amitabh Suman, IPR Advocate,
Hon’ble Delhi High Court,
ajayamitabh7@gmail.com,
9990389539

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