By Christopher V. Carani1
The Rosetta Stone, by leading the way to the decipherment of the principles of hieroglyphic writing, unlocked many of the most perplexing mysteries of ancient Egypt. Patent practitioners and design patent holders alike are anxiously awaiting to see whether the forthcoming en banc Federal Circuit decision in Egyptian Goddess, Inc. v. Swisa, Inc. et al. will have the same demystifying effect on the perplexing questions facing design patent jurisprudence. Egyptian Goddess represents the most important design patent case since 1871 when the U.S. Supreme Court in Gorham v. White first set forth the test for design patent infringement. Indeed, Egyptian Goddess marks the first time that the Federal Circuit has agreed to hear a design patent case en banc.2 As further evidence of the case’s magnitude, scores of amici curiae filed briefs, including some of the U.S.’s largest corporations (e.g. Apple, Ford, Nike, etc.), national, international and regional bar associations (e.g. AIPLA, FICPI, FCBA, CBA, HIPLA, etc.), trade associations (e.g. IDSA, IPO, etc.) and even academia (e.g. Prof. Fryer, University of Baltimore). The case has caused such a stir because the en banc Federal Circuit will attempt to decipher two cryptic, yet critically fundamental...
