Intellectual Property and Open Movements (IP&OM)

Issues and developments related to Intellectual Property (e.g. Copyright, Fair Use, Patents, Trademarks, Trade Secrets) and Open Movements (e.g. Open Access, Open Data, Open Educational Resources (OER)), examined in the "Intellectual Property and Open Movements" and "Ethics of Data, Information, and Emerging Technologies" graduate courses I teach at the University of Pittsburgh School of Computing and Information. -- Kip Currier, PhD, JD

Showing posts with label appearance of a patent rather than function of a patent. Show all posts

Wednesday, October 12, 2016

What spoons have to do with the Samsung-Apple patent lawsuit; PBSNewsHour, 10/11/16

Gretchen Frazee, PBS NewsHour; What spoons have to do with the Samsung-Apple patent lawsuit:

"The court’s task is not to determine whether Samsung infringed on Apple’s patents but to determine how much money Samsung should pay Apple for doing so.
It marks the first time in 120 years that the the court has reviewed a design patent case. (The Supreme Court has reviewed patents based on function, but not appearance.) And the last design patent cases reviewed by the high court dealt in saddles, rugs and spoons.
In fact, one particular case involving 19th-century spoons, Gorham v. White, was cited multiple times by lawyers before the Supreme Court on Tuesday."