Egyptian Goddess v. Swisa Inc.

This court granted rehearing en banc and asked the parties to address several questions, including whether the “point of novelty” test should continue to be used as a test for infringement of a design patent; whether the court should adopt the “non-trivial advance test” as a means of determining whether a particular design feature qualifies as a point of novelty; how the point of novelty test should be administered, particularly when numerous features of the design differ from certain prior art designs; and whether district courts should perform formal claim construction in design patent cases.

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