Case Alert: En Banc Panel of the Federal Circuit Unanimously Streamlines the Test For Infringement of a Design Patent


Egyptian Goddess v. Swisa (Fed. Cir. 2008, en banc)

On September 22, in an unanimous en banc opinion, the Court of Appeals for the Federal Circuit streamlined the test for infringement of design patents by rejecting the “point of novelty” test as a separate requirement for a finding of infringement. Instead, the court held that the “ordinary observer” test, first announced by the United States Supreme Court in 1871, is the “sole test for determining whether a design patent has been infringed.”

Please see full alert for more information.

LOADING PDF: If there are any problems, click here to download the file.

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.

© Ropers, Majeski, Kohn & Bentley | Attorney Advertising

Written by:


Ropers, Majeski, Kohn & Bentley on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.