Centuries-Old Design Patent Infringement Test Rectified

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In a unanimous en banc patent decision, the Federal Circuit in Egyptian Goddess, Inc. v. Swisa, Inc. recently put the test for design patent infringement back on track with the U.S. Supreme Court's 1871 decision in Gorham v. White, adopting the "ordinary observer" test as the sole factor for determining design patent infringement. This decision has brought a lot of excitement and enthusiasm to design patent holders, and patent prosecutors and litigators who anticipate that Egyptian Goddess will bring more favorable outcomes and certainty to design patent law.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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