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Perspective

Apr. 30, 2009

After 'Egyptian Goddess,' Courts May Stick to the Drawing Board

District courts are likely to play a more prominent role implementing new rules on design patent cases, write Daniel Wu and Miguel Hernandez.

By Daniel Wu and Miguel Hernandez

Considered by many as a pro-design patent holder decision, Egyptian Goddess v. Swisa Inc., 543 F.3d 665 (Fed.Cir.2008) is here to stay. That much is evident from the U.S. Supreme Court's recent denial of certiorari in Egyptian Goddess. Consequently, this also means that district courts will now play a more prominent role implementing new rules adopted by the Federal Circuit in Egyptian Goddess that concern both claim construction and i...

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