Egyptian Goddess V. Swisa: Revising The Test

Law360, New York (September 23, 2008, 12:00 AM EDT) -- On Sep. 22, 2008, the Court of Appeals for the Federal Circuit partially turned back the clock and rejected its own two-part test for design patent infringement which has been routinely applied for almost 25 years.

The unanimous en banc opinion in Egyptian Goddess v. Swisa, No. 2006-1562, slip op. (Fed. Cir. Sept. 22, 2008) (en banc) (“Egyptian Goddess II”) rejected the “point of novelty” test, and held that the 1872 Gorham v. White “’ordinary observer’ test should be the sole test for determining whether a...
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