MARTIN SCHWIMMER AND JORDAN GARNER WRITE FOR LAW360

Marty Schwimmer and Jordan Garner have penned an article for Law360 about the recent decision by the Court of Appeals for the Federal Circuit in Apple, Inc. v. Samsung.  The decision clarified the scope of protection available to a design under the trade dress and design patent protection schemes. The CAFC found that while Apple’s user interface and industrial designs were too utilitarian for trade dress protection, they were sufficiently ornamental to convey design patent protection.  According to Marty and Jordan, this case confirms the notion that design patents are cheap, effective IP solutions for companies seeking to protect a competitive edge born out of effective design.  However, they write that this case also cautions that the closer a design gets to representing the optimal user experience, the harder it becomes to separate form from function.