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Patent Law

: Anticipate This!

Egyptian Goddess v. Swisa Inc.

By Jake Ward

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Point of novelty test is rejected;  Infringement of a design patent requires that an ordinary observer, taking into account the prior art, would believe the accused design to be the same as the patented design. (Fed. Cir. 2008, en banc, 06-1562)   The CAFC granted a rehearing en banc  to address the appropriate legal standard to be used [...]

Full post as published by Anticipate This! on September 25, 2008 (boomark / email).

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