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Keywords

patentconfidentiality agreement
trialconfidentiality agreement

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Bernhardt, L.L.C. v. Collezione Europa USA, Inc., 386 F.3d 1371, 72 U.S.P.Q.2d 1901

Facts

Issue

Whether the designs exhibited at Bernhardt's Pre-Market event constituted prior public use that would invalidate the design patents.

Whether or not an invention was on sale or in public use within the meaning of section 102(b) is a question of law that this court reviews de novo; however, factual findings underlying the trial court's conclusion are subject to the clearly erroneous standard of review.

Rule

Analysis

The court analyzed whether the designs displayed at the Pre-Market event were substantially similar to the patented designs in the eyes of an ordinary observer and whether they appropriated the points of novelty of the patented designs. The absence of confidentiality agreements was not dispositive, and the court considered the totality of circumstances surrounding the Pre-Market event, including the nature of the activity and public access to the designs.

The presence or absence of a confidentiality agreement is not dispositive of the public use issue, but is one factor to be considered in assessing all the evidence.

Conclusion

The court concluded that the designs were invalid due to prior public use at the Pre-Market event, as they were not sufficiently protected from public disclosure.

Who won?

Collezione Europa USA, Inc. prevailed in this case because the court found that Bernhardt's Pre-Market exhibition constituted prior public use, which invalidated the design patents. The court determined that Collezione provided clear and convincing evidence that the designs were displayed publicly and that the absence of confidentiality agreements did not negate the public nature of the event.

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