The Supreme Court is now considering its first design patent case in 120 years. Design patents have historically occupied a more obscure spot in the U.S. patent system as compared to the better-known utility patents, which are issued and litigated much more often than their design counterparts. But design patents have been increasingly used to protect the look of devices such as smartphones and other modern marvels. Now, with Samsung v. Apple, design patents have taken center stage with the spotlight of the Supreme Court shining brightly on this area of the law. In this article, Finnegan attorney J. Michael Jakes discusses the Apple v. Samsung case.
Previously published in Westlaw IP Journal
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