What is the importance of “prior art” in a defective products case?

In a defective products case, the concept of “prior art” is extremely important. It refers to any product or information that existed before the product in question. Prior art can include products that are identical or similar to the one in dispute, as well as any patent or literature that exists that pertains to the product’s design or production. For example, if two skateboards were designed to have similar shapes, the prior art would be the shape of the first board. In a defective products case in Washington, the “prior art” is important because it allows the court to assess whether or not the product in question was created with a design that was unique, or if it was a copy of an existing product. If it is a copy of an existing product, then the court can decide whether or not the plaintiff has a valid claim for defectiveness. In addition, the “prior art” can also be used to help determine the amount of damages that should be awarded to the plaintiff, as the design of a product that is based on existing technology is likely to be less valuable than a product that is innovative and unique. In conclusion, prior art is critical in a defective products case, as it allows the court to assess the validity of the claim, as well as provide guidance as to how much compensation the plaintiff is entitled to.

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What is the importance of “prior art” in a defective products case?

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