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EGYPTIAN GODDESS, INC. v. SWISA, INC.

No. 2006-152.

498 F.3d 1354 (2007)

EGYPTIAN GODDESS, INC., Plaintiff-Appellant, and Adi Torkiya, Third Party Defendant, v. SWISA, INC. and Dror Swisa, Defendants/Third Party Plaintiffs-Appellees.

United States Court of Appeals, Federal Circuit.

August 29, 2007.

Attorney(s) appearing for the Case

Robert G. Oake, Jr., Oake Law Office, of Allen, TX, argued for plaintiff-appellant.

Frederick Linton Medlin, Kirkpatrick & Lockhart Preston Gates Ellis LLP, of Dallas, TX, argued for defendants/third party plaintiffs-appellees. With him on the brief was Linda G. Moore. Of counsel was Jeffrey L. Snow, of Boston, MA.

Before DYK, Circuit Judge, ARCHER, Senior Circuit Judge, and MOORE, Circuit Judge.

Opinion for the court filed by Circuit Judge MOORE. Dissenting opinion filed by Circuit Judge DYK.

MOORE, Circuit Judge.

Appellant Egyptian Goddess, Inc. (EGI) appeals from the final judgment of the United States District Court for the Northern District of Texas, granting summary judgment of noninfringement of U.S. Design Patent No. 467,389 (the D'389 patent) in favor of appellees Swisa, Inc. and Dror Swisa (Swisa). Egyptian Goddess, Inc. v. Swisa, Inc...

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