This Friday the Court is expected to vote whether to grant certiorari in this important design patent case where the first Question Presented poses the question: “Where a design patent includes unprotected non-ornamental features, should a district court be required to limit that patent to its protected ornamental scope?”
A Second Conference: Speculation over possible grant of certiorari – still a long shot – has been fueled by the fact that the case is set for a second Conference. If the Court grants certiorari this would represent a milestone in the history of the Evarts Act of 1891: The Court would review for the first time a design patent law based upon a grant of certiorari. (Prior to the Evarts Act, the Court had issued, e.g., Gorham Co. v. White, 81 U.S. (14 Wall.) 511 (1871).)
Certiorari decision Monday! A decision whether certiorari has been granted is expected next Monday at9:30 AM EDT as part of the regular Orders List. While grant of review represents a long shot, it appears inevitable that at some point in the not too distant future the Supreme Court will consider an issue of design patent law.