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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 …