EGYPTIAN GODDESS, INC. v. SWISA, INC.

No. 2006-1562.

543 F.3d 665 (2008)

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.

Rehearing En Banc Denied November 4, 2008.


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.

F. David LaRiviere, LaRiviere, Grubman & Payne LLP, of Monterey, CA, for amicus curiae Monster Cable Products, Inc.

William Dunnegan, Dunnegan LLC, of New York, NY, for amicus curiae Industrial Designers Society of America. With him on the brief was Nikitas E. Nicolakis.

Edward D. Manzo, Cook, Alex, McFarron, Manzo, Cummings & Meher, Ltd., of Chicago, IL, for amici curiae Elite Group, Inc., et al.

Kevin T. Kramer, Pillsbury Winthrop Shaw Pittman LLP, of Washington, DC, for amicus curiae Federal Circuit Bar Association. With him on the brief were Edward R. Reines, Federal Circuit Bar Association, of Washington, DC, and Mark P. Walters, Darby & Darby, of Seattle, WA.

George M. Sirilla, Pillsbury Winthrop Shaw Pittman LLP, of McLean, VA, for amicus curiae Daisy Manufacturing Company, Inc. With him on the brief was Stephanie F. Goeller, of Washington, DC.

Frank A. Angileri, Brooks Kushman P.C., of Southfield, MI, for amicus curiae Ford Global Technologies, LLC. With him on the brief was Marc Lorelli.

Christopher J. McGeehan, Greer, Burns & Crain, Ltd., of Chicago, IL, for amicus curiae Intellectural Property Law Association of Chicago.

Vandana Koelsch, Howrey LLP, of Washington, DC, for amicus curiae Bar Association of the District of Columbia.

Tracy-Gene G. Durkin, Sterne, Kessler, Goldstein & Fox P.L.L.C., of Washington, DC, for amicus curiae Intellectual Property Owners Association. With her on the brief was David K.S. Cornwell. Of counsel on the brief were Steven W. Miller, The Procter & Gamble Company, of Cincinnati, OH, and Richard F. Phillips, Exxon Mobil Corporation, of Houston, TX. Of counsel was Herbert C. Wamsley, Intellectual Property Owners Association, of Washington, DC.

William T. Fryer, III, of Bethesda, MD, for amicus curiae Professor William T. Fryer, III.

Christopher J. Renk, Banner & Witcoff, Ltd., of Chicago, IL, for amici curiae Electrolux Home Products, Inc., et al. With him on the brief were Erik S. Maurer, of Chicago, IL, and Robert S. Katz, of Washington, DC. Of counsel was Christopher B. Roth.

Christopher V. Carani, McAndrews, Held & Malloy, Ltd., of Chicago, IL, for amicus curiae American Intellectual Property Law Association. With him on the brief was James Pooley, Morrison & Foerster LLP, of Palo Alto, CA.

Perry J. Saidman, Saidman DesignLaw Group, of Silver Springs, MD, for amicus curiae Apple Inc.

Alan L. Barry, Bell, Boyd & Lloyd LLP, of Chicago, IL, for amici curiae LKQ Corporation, et al. With him on the brief were Heather A. Boice and Brian J. Arnold.

Valerie K. Friedrich, Baker & McKenzie LLP, of Houston, TX, for amicus curiae Houston Intellectual Property Law Association.

Before MICHEL, Chief Judge, and NEWMAN, ARCHER, MAYER, LOURIE, RADER, SCHALL, BRYSON, GAJARSA, LINN, DYK, PROST, and MOORE, Circuit Judges.


BRYSON, Circuit Judge.

We granted rehearing en banc in this design patent case to address the appropriate legal standard to be used in assessing claims of design patent infringement.

Appellant Egyptian Goddess, Inc., ("EGI") brought this action in the United States District Court for the Northern District of Texas, alleging that Swisa, Inc., and Dror Swisa (collectively, "Swisa") had infringed EGI's U.S. Design Patent...

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