Federal Circuit Raises Bar for Copyright and Design Patent Summary Judgment

The U.S. Court of Appeals for the Federal Circuit has reversed a finding of no copyright infringement and no design patent infringement, noting that both of these issues are fact-intensive and often not particularly appropriate to resolution on summary judgment. Amini Innovation Corp. v. Anthony California, Inc., Case No. 05-1159 (Fed. Cir. Mar. 3, 2006) (Rader, J.). With both causes of action, given the subjective component of potential confusion, "conclusions about reasonable jurors are difficult to make on an issue of this factual dimension."

Amini sued Anthony for infringement of its copyrights and design patent in the "carved ornamental woodwork" of two lines of bedroom furniture. After comparing the parties’ two product lines and taking appropriate evidence, the district court granted summary judgment of no infringement (under both theories). Amini appealed.