The Impact Of Egyptian Goddess On Patent Designs

Law360, New York (September 29, 2008, 12:00 AM EDT) -- The Federal Circuit recently handed down its en banc ruling in the design patent case Egyptian Goddess Inc. v. Swisa Inc., (Fed. Cir. 2008). The Federal Circuit’s ruling substantially changed what constitutes proof of infringement in design patent cases.

The Federal Circuit held that its quarter-century old, judicially created “point of novelty” test should no longer be used in analyzing design patent infringement. This Federal Circuit opinion breathes new life into design patents, broadening the potential scope of patented designs.

The Federal Circuit’s removal of the...
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