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Has the Federal Circuit Strengthened Design Patent Protection?

In <i>Egyptian Goddess v. Swisa</i>, the Federal Circuit held that the "ordinary observer" test first set forth by the Supreme Court more than 100 years ago is the sole test for design patent infringement.

19 minute read October 28, 2008 at 12:11 AM
By
Arthur Gollwitzer III
Has the Federal Circuit Strengthened Design Patent Protection?

On Sept. 22, 2008, the Federal Circuit issued its first en banc decision in a design patent case. In Egyptian Goddess v. Swisa, __ F.3d __ (Fed.

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