Mr. Stockton discusses the difficulty the Supreme Court justices had in defining a test to establish the article of manufacture in Samsung v. Apple in Managing Intellectual Property.
He says in the article that “it was difficult to discern whether the Supreme Court had made up its mind” about what they thought the test should be “or if it was giving real consideration to the proposals made.”
Please click here to read, “Samsung v Apple analysis: Design patents put to the test at Supreme Court.” Subscription is required.
A summary of this article was also included in the AIPLA Daily Report, published by MIP during the American Intellectual Property Law Association Annual Meeting in October. Please click here to access the report.