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   Design Patent Infringement - Point of Novelty
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   Author  Topic: Design Patent Infringement - Point of Novelty  (Read 754 times)
bluesky
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Design Patent Infringement - Point of Novelty
« on: Nov 28th, 2007, 3:14pm »
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Quick ?:
 
In a design patent case, if the plaintiff successfully alleges that there are say four points of novelty, does each and every point of novelty have to be included in the accused infringing device?  or would say 3 of the 4 points of novelty be sufficient, for example?
 
It would seem to me there would be little incentive to name a high number of points of novelty if the accused infringing device had to incorporate all of them.  But then again, if that's what you claimed, then shouldn't the alleged infringing device incorporate all of the claimed features so to speak (even though the overall impression is what's considered)?
 
If someone could point to some authority and thought, that'd be great.  Thanks.
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JSonnabend
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Re: Design Patent Infringement - Point of Novelty
« Reply #1 on: Nov 29th, 2007, 8:18am »
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Good luck on this one.  The Fed Circuit law on design patent infringement is abysmal.  The best I can say is check out the Contessa Food Prods. and Catalina Lighting cases.
 
- Jeff
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SonnabendLaw
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Isaac
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Re: Design Patent Infringement - Point of Novelty
« Reply #2 on: Nov 29th, 2007, 8:35am »
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Jeff is right about the messy of state of the law surrounding design patents.  The CAFC has granted a rehearing in Egyptian Goddess v. ADI Torkiya and has asked the parties to brief the issues surrounding points of novelty among other things.  
 
 
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Isaac
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