Copyright, design patent tests send case back to courtMarch 8, 2006

The case of two opposing furniture manufacturers vying over copyright and design patent rights has been remanded back to district court. On March 3, 2006, The Federal Circuit Court of Appeals reversed a grant of summary judgment and remanded the case of Amini Innovation Corp v. Anthony California, Inc. back to the District Court. The Central District Court stated that the District Court mistakenly applied both an extrinsic and intrinsic test for copyright infringement and mistakenly applied an element-by-element test for design patent infringement analysis.Amini is the holder of a copyright covering carved ornamental woodwork in a bed and dresser with mirror. The bed is part of the LaFrancaise furniture line and a bed, dresser with mirror, armoire, and night stand belongs to the Paradisio furniture line. Amini also owns U.S. Design Patent No. D475,218 for the design of its Paradisio bed frame. Anthony also produces furniture artistically designed with carvings.The Federal Circuit stated that copyright infringement in the Ninth Circuit requires that ‘

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