Today at 9:30 AM EDT the Supreme Court Orders List is expected to announce whether the Court has granted certiorari in Top Ten No. (2) Samsung Electronics v. Apple.
The first Question Presented: “Where a design patent includes unprotected non-ornamental features, should a district court be required to limit that patent to its protected ornamental scope?”
Milestone Event After 125 Years? If certiorari is granted, this would be the first design patent case to reach the merits stage at the Supreme Court via certiorari since the commencement of thecertiorari procedure since the procedure was created by the Evarts Act of 1891. Given that grants of review in design patent cases have thus been literally as scarce as hen’s teeth, the odds are against grant.