North Star Technology filed a petition for rehearing at the Federal Circuit after the court affirmed a summary judgment of noninfringement regarding its design patent against Latham Pool Products. North Star argues that the 'sufficiently distinct' test used for infringement is overly subjective and lacks objective standards appropriate for summary judgment. The court had found no reversible error, stating that Latham's pool design was plainly dissimilar to North Star's claimed design based on the ordinary observer standard established in prior cases.
If the 'sufficiently distinct' test is intended to impose a special gloss on Rule 56, that gloss cannot stand.
Collection
[
|
...
]