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Redesigning Design Patents
December 7, 2007 Full PDF
On November 26, 2007, the Federal Circuit granted a petition for rehearing en banc in Egyptian Goddess, Inc. v. Swisa, Inc., a case involving alleged infringement of a design patent. In vacating the panel's split decision affirming summary judgment of noninfringement, the full Court requested briefing on a number of fundamental questions relating to assessing infringement of design patents. Based on its broad briefing requests, it appears that the Court plans to issue a landmark decision clarifying the proper infringement analysis to be conducted in design patent cases.