Moore Dissent Says CAFC Created Design Patent Law Problem in Egyptian Goddess

""Without realizing it, in Egyptian Goddess, we meaningfully changed the substantial similarity test." - CAFC Chief Judge Moore"

"The district court determined that "many, but not all, of the design features in the D'155 patent-which the Rolflex embodied-are driven by function," and that "the overall . . . scope of the claim is accordingly narrow," and ultimately granted Armaid's request for summary judgment of non-infringement."

"The CAFC agreed with the district court that the evidence in the record supported the finding that the shape of the arms claimed in the design patent is functional."

RoM owns U.S. Design Patent No. D802,155 for a body massaging apparatus and sued Armaid alleging Armaid2 infringed claims embodied in RoM's Rolflex product. The district court found many claimed design features are driven by function, concluded the overall claim scope was narrow, and granted Armaid summary judgment of non-infringement. RoM challenged claim construction and argued substantial similarity, but the CAFC agreed that record evidence supports a finding that the claimed arm shapes are functional. The claims recite limb-massaging apparatus with arms shaped and dimensioned to clamp a limb. Chief Judge Moore dissented, warning the court altered the substantial similarity legal framework.

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