Federal Circuit Opts for Ordinary Observer Test in Anticipation Cases
- Tracy-Gene G. Durkin, Jeffrey R. Fougere
- The National Law Review
It has been a little over a year since the Federal Circuit held in Egyptian Goddess v. Swisa that the ordinary observer test was the proper and only test for design patent infringement. The Federal Circuit recently furthered the sweep of this decision by holding that the same standard should be applied to the test for anticipation as well. Visit the National Law Review website to read the full post.