No Redesign On Rehearing: Federal Circuit Leaves Egyptian Goddess Framework Intact

The Federal Circuit's denial of en banc rehearing in Range of Motion Products v. Armaid Co. preserves the existing framework for design patent infringement analysis, including judicial determination of functional versus ornamental features during claim construction. The decision sparked significant internal debate, with four judges dissenting and questioning whether functionality determinations and the "plainly dissimilar" shortcut properly allocate factual questions between judges and juries.