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Brief Amicus Curiae On Behalf Of Intellectual Property Professors In Support Of Petitioner, Mark Mckenna, Mark A. Lemley, Christopher Jon Sprigman, Rebecca Tushnett
Brief Amicus Curiae On Behalf Of Intellectual Property Professors In Support Of Petitioner, Mark Mckenna, Mark A. Lemley, Christopher Jon Sprigman, Rebecca Tushnett
Court Briefs
No. 15-866
Star Athletica, LLC v. Varsity Brands, Inc.
On Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit
From the Summary of Argument:
In its 1976 revision of the Copyright Act, Congress decided to separate applied art from industrial design, admitting the former to copyright and excluding the latter. It drew this distinction precisely because it intended to differentiate copyright from design and utility patent. Congress recognized as applied art only those aesthetic features of a useful article that could be “separated” from that useful article rather than being integrated into the article.
The …
Brief Of Amici Curiae Intellectual Property Law Professors, Mark Mckenna
Brief Of Amici Curiae Intellectual Property Law Professors, Mark Mckenna
Court Briefs
No. 15-14889
Edward Lewis Tobinick v. Steven Novella
Appeal from the United States Distric Court for the Southern District of Florida, Case No.: 9:14-cv-80781-RLR (Hon. Robin L. Rosenber)
[Including the] Motion for Leave to File Brief of Amici Curiae Intellectual Property Law Professors, Nov. 30, 2015.
From the Summary of Argument
The District Court correctly determined that the challenged speech of Dr. Steven Novella was not commercial speech for purposes of applying the Lanham Act. Appellant’s argument to the contrary conflates “seeking profit” with “commercial speech.”
Brief Amici Curiae Of 37 Intellectual Property Professors In Support Of Petition For Certiorari, Mark A. Lemley, Mark Mckenna
Brief Amici Curiae Of 37 Intellectual Property Professors In Support Of Petition For Certiorari, Mark A. Lemley, Mark Mckenna
Court Briefs
No. 15-777
Samsung Electonics Co., Ltd. v. Apple Inc.
On Petition for Writ of Certiorari to the United States Court of Appeals for the Federal Circuit
From the Summary of Argument:
This case presents two issues that justify this Court’s review.
First, the Federal Circuit upheld a finding of design patent infringement based on the very same Apple designs that it found functional under trade dress law. Such a counterintuitive outcome is possible because the Federal Circuit has constructed a highly constrained definition of functionality in design patent law, which is at odds with this Court’s precedent in both utility …