Strictly Speaking

Law360, New York (March 21, 2011, 2:06 PM EDT) -- Recently, when the Federal Circuit has had a chance to restate the patent law as it applies to design patents, they seize the opportunity to reevaluate even long-standing precedent. A prime example is the court’s 2008 decision in Egyptian Goddess v. Swisa, 543 F.3d 665, in which the decades-old "points-of-novelty" prong of the test for design patent infringement was tossed out.

However, in the recent decision in Vanguard Identification Systems Inc. v. Kappos and Bank of America Corp., the court let stand the very high bar...
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