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Fed. Circ. Scraps Novelty Test In Design Patent Case

Law360 (September 22, 2008, 12:00 AM EDT) -- Although a patent holder of a nail buffer design on Monday persuaded a federal appeals court to eliminate one of the tests required to show infringement of a design patent, it lost its case alleging a competitor violated its patent.

In a unanimous en banc ruling, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s decision that Swisa Inc. did not infringe Egyptian Goddess Inc.’s four-sided nail buffer, but came to that determination after rejecting the use of the “point of novelty”...
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