Title

LaFrance on the Demise of the Point-of-Novelty Test

Document Type

Response or Comment

Publication Date

2010

Abstract

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.

Publication Citation

2010 Emerging Issues 5287.

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