Design Patent Law Still Murky Post-Egyptian Goddess

Law360, New York (March 24, 2010, 3:47 PM EDT) -- A year and a half ago, the U.S. Court of Appeals for the Federal Circuit shook up the world of design patents with its Egyptian Goddess ruling, establishing the ordinary observer test as the standard for proving infringement, but recent decisions by the appeals court have provided as much confusion as clarity on design patent issues, according to experts.

“There's a lot of shakeout from the Egyptian Goddess ruling,” said Christopher Carani, a shareholder at McAndrews Held & Malloy Ltd.

In its Feb. 24 decision in...
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