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The case involves a dispute over a design patent infringement claim for a nail buffer. The district court held that the accused product did not infringe the ...
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In the seminal decision of Egyptian Goddess, Inc. v. Swisa, Inc., the Federal Circuit struck down one of the two tests commonly used for determining design patent infringement, the “point of novelty” test.
23 Σεπ 2008 · Egyptian Goddess sued Swisa for infringement of a design patent covering an ornamental design for a nail buffer. The District Court granted Swisa’s motion for summary judgment of non-infringement. Egyptian Goddess, Inc. v. Swisa, Inc. , Civil Action No. 3:03-CV-0594-N (N.D. Tex. Dec. 14, 2005).
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").
22 Σεπ 2008 · Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665 (Fed. Cir.2008), United States of America. Date of Judgment September 22, 2008. Issuing Authority Court of Appeals for the Federal Circuit. Level of the Issuing Authority Appellate Instance. Type of Procedure Judicial (Civil) Subject Matter Industrial Designs. Keywords.
27 Σεπ 2008 · Applying the newly-adopted test to the present case, the Federal Circuit affirmed, holding that no reasonable fact finder could find that an ordinary observer, familiar with the prior art, would deem Swisa’s design to be the same as Eyptian’s patented design.
