Federal Circuit Examines Design Patent Test

Law360, New York (May 31, 2008, 12:00 AM EDT) -- In a high-stakes case that could open the door for more design patents, a federal appeals court panel on Monday considered whether to do away with one of the tests determining infringement of patents that aim to protect the way products look.

Taking its first design patent case ever, an en banc panel of the U.S. Court of Appeals for the Federal Circuit heard oral arguments in Egyptian Goddess Inc.’s infringement suit, which claims Swisa Inc. violated its design of a four-sided nail buffer.

At issue...
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