November 21, 2017
Intellectual Property Law
1. How does the analysis of distinctiveness differ between trade
dress in Two Pesos and product configuration in Wal-Mart?
2. Would affording trade dress protection to Marketing Displays
in Traffix have precluded competition in the relevant market?
Was this consideration crucial to the Supreme Court's decision?
1. What beneficial consequence does the majority in Cybor
suggest will follow from its decision regarding the standard of
review applicable to a trial court's claim construction? Why does
Judge Rader disagree?
2. What was at stake in the question of whether
"baffles" in Claim 1 of Phillips should be
construed as a means-plus-function element?