Egyptian Goddess, Inc.
In its highly anticipated en banc opinion in Egyptian Goddess v. Swisa, 543 F.3d 665 (Fed. Cir. 2008), the Court of Appeals for the Federal Circuit rejected the point of novelty test for design patent infringement. The Court held that the “ordinary observer” test set forth in Gorham v. White…
New Judicial Opinions
Appellant EGI brought this action in the district court, alleging that Swisa, Inc., and Dror Swisa (collectively, “Swisa”) had infringed EGI’s U.S. Patent No. ’389. Opinion, p. 1. The patent claimed a design for a nail buffer, consisting of a rectangular, hollow tube having a generally square cross-section and featuring…
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