Yes, infringement is a fact issue BUT where, as here, a design patent infringement claims fails at Egyptian Goddess step one, no additional fact development will change the result. There's no reason to make the defendant go forward with discovery.

For more on how the Goddess test works, see: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3338471

#DesignPatents #EgyptianGoddess #Litigation

Columbia v. Seirus is going back to the Federal Circuit. Oral argument is scheduled for 1/12/23.

One big issue: What is the scope of the prior art for #EgyptianGoddess Step 2?

For more on the Goddess test and how it works, see this short piece: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3338471

For my on the proper scope of the prior art, see this (not so short) piece: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2714081

For the parties' briefs: https://www.scribd.com/document/611300069/Columbia-v-Seirus-Round-2

#DesignPatents #FederalCircuit #Litigation #LawFedi #ColumbiaVersusSeirus