Amicus Briefs Filed in Egyptian Goddess v. Swisa

Amicus briefs in support of the respondent or neither party were filed earlier this week in the en banc case Egyptian Goddess v. Swisa. Calling this case "important" to the future of design patent law in the U.S. is probably a gross understatement. Here is a link to the en banc order. It could fundamentally change how design patent infringement and validity are considered, affecting wide sectors of American industry, from footwear to food. Here is a link to the AIPLA's original brief filed in support of the petition for rehearing. I was fortunate enough to have the opportunity to work with Kevin Kramer of Pillsbury Winthrop in connection with a brief we filed on behalf of the Federal Circuit bar Association.

At the bottom of this post is a link the the FCBA's brief, filed in support of neither party and arguing generally against the Panel Majority's "non-trivial advancement" test. The brief also argues for continued use of claims construction in design patent cases.

For some more information about this case, click here.

Amicus%20Brief%20of%20Federal%20Circuit%20Bar%20Association.pdf