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Focus (Forum & Focus)

Oct. 31, 2008

Putting Designs to the Test

The Federal Circuit recently upheld an important test as the standard for determining whether a design patent has been infringed, write Michael A. Shimokaji and Philip L. Gahagan. - Focus Column

FOCUS COLUMN

By Michael A. Shimokaji and Philip L. Gahagan

The Federal Circuit's newly handed down decision in Egyptian Goddess v. Swisa signals its intention to put to rest questions and notions that have plagued the courts in recent years. Within the U.S. patent system, the tests surrounding "design" patents, those patents that fall under the auspices of U.S.C. Title 35 Section 171, have often been held to similar standards as those of u...

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