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Contessa Food Products, Inc. v. Conagra, Inc.

District court's "ordinary observer" analysis failed to consider ornamental features on all shrimp serving tray design patent figures; further, proper analysis includes not only features visible at point of sale, but also ornamental features visible at any time during product's normal use.

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Appealed from: U.S. District Court for the Central District of California Judge George H. King

Conagra, Inc., Meridian Seafood Products, Inc., and Ocean Duke Corporation (collectively, “Conagra”) appeal the district court’s decision granting Contessa Food Products, Inc. (“Contessa”)’s motion for partial summary judgment of infringement of Contessa’s design patent of a serving tray with shrimp. Because the district court improperly applied the “ordinary observer” test by limiting its analysis of infringement to the time of sale and not fully considering the underside of the tray illustrated in Figure 4 of the `612 patent, we vacate and remand for further proceedings.

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