Fed. Circ. Nixes Point Of Novelty Test For Anticipation

Law360, New York (December 18, 2009, 3:46 PM EST) -- A federal appeals court has ruled that the ordinary observer test is the sole test for design patent invalidity by anticipation, affirming a lower court's reading of case law in a dispute between Walgreens Corp. and a designer over shoe patents.

The U.S. Court of Appeals for the Federal Circuit on Thursday agreed, in part, with the lower court and displaced the use of the “point of novelty” test when determining anticipation.

Though it sided with the lower court's interpretation of the law, a problem with...
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