Αποτελέσματα Αναζήτησης
22 Σεπ 2008 · Appellant Egyptian Goddess, Inc., ("EGI") brought this action in the United States District Court for the Northern District of Texas, alleging that Swisa, Inc., and Dror Swisa (collectively, "Swisa") had infringed EGI's U.S. Design Patent No. 467,389 ("the 389 patent").
Egyptian Goddess brought suit in the U.S. District Court for the Northern District of Texas claiming that Swisa had infringed their patent claiming a design for a fingernail buffer, consisting of a rectangular, hollow tube having a generally square cross-section and featured
In a decision favorable to holders of design patents, the United States Court of Appeals for the Federal Circuit in Egyptian Goddess, Inc. v. Swisa, Inc., has removed a major element previously required to prove design patent infringement.
The unanimous en banc opinion in Egyptian Goddess v. Swisa, No. 2006-1562, slip op. (Fed. Cir. Sept. 22, 2008) (en banc) (“Egyptian Goddess II”) rejected the “point of novelty” test, and held that the 1872 Gorham v. White “’ordinary observer’ test should be the sole test for determining whether a design patent has been infringed.”
27 Σεπ 2008 · The U.S. Court of Appeals for the Federal Circuit affirmed the decision of the District Court for the Northern District of Texas, which had granted summary judgment in favor of Swisa, Inc, finding that no jury could reasonably find Swisa’s nail-buffer design infringed Egyptian Goddess’s design patent.
INTRODUCTION. ¶1 The Federal Circuit’s decision in Egyptian Goddess, Inc. v. Swisa, Inc.1 has and will continue to hinder patentees from protecting and enforcing valid design patents against potential infringers.
On September 22, 2008, the Federal Circuit, sitting en banc, handed down the most important decision in design patent law in nearly twenty-five years.1 Egyptian Goddess, Inc. v. Swisa, Inc. ∗ J.D. Candidate, Franklin Pierce Law Center (2010); B.S.E., Electrical Engi-neering, University of Michigan, magna cum laude (2006).
