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The Federal Circuit Court of Appeals recently narrowed the scope of “comparison prior art” that may be used in a design patent infringement analysis. “Comparison prior art” includes.
In Part I of this article, I recalled the early years of the U.S. Court of Appeals for the Federal Circuit, when the court was working well, and how it all went wrong. In this second half, I recount how the America Invents Act (AIA) has fundamentally shifted the power in patent enforcement and policy.