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30 Jul 2015, 4:41 am by Marie-Andree Weiss
As “an average lay observer” is, in the Eleventh Circuit, “an individual who, without any vested interest in the governing issue, is sufficiently informed and alert to identify precisely the differences in the competing designs, yet sufficiently informed and independent to fairly identify and assess the similarities; that is, at a minimum, neither an engaged expert nor an oblivious passerby” (see John Alden Homes, Inc. v. [read post]