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CONTESSA FOOD PRODUCTS, INC. v. CONAGRA, INC.

No. 01-1157.

282 F.3d 1370 (2002)

CONTESSA FOOD PRODUCTS, INC. (formerly known as ZB Industries, Inc.), Plaintiff-Appellee, v. CONAGRA, INC. (doing business as Singleton Shrimp Company and as Meridian Products), Meridian Seafood Products, Inc., and Ocean Duke Corporation, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

DECIDED: March 13, 2002.

Attorney(s) appearing for the Case

William J. O'Brien, O'Melveny & Myers LLP, of Los Angeles, CA, argued for plaintiff-appellee. With him on the brief was Jason D. Linder.

Martin J. Trupiano, Sanders & Dempsey, L.L.P., of Los Angeles, CA, argued for defendants-appellants. With him on the brief was Les J. Weinstein.

Before CLEVENGER, SCHALL, and LINN, Circuit Judges.

LINN, Circuit Judge.

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...

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