LaFrance on the Demise of the Point-of-Novelty Test
Response or Comment
When the Federal Circuit eliminated the point of novelty test for infringement of design patents in Egyptian Goddess, Inc. v. Swisa, the court expressly reserved the question whether it would also eliminate this test for determinations of design patent validity. In International Seaway Trading Corp. v. Walgreens Corp, the court answered this question. Mary LaFrance answers the question and analyzes the issues presented.
2010 Emerging Issues 5287.
LaFrance, Mary, "LaFrance on the Demise of the Point-of-Novelty Test" (2010). Scholarly Works. Paper 460.
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