Andrew Chin Andrew Chin

Andrew Chin


Warm-Up Questions


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?

Patent Law

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?

Andrew Chin   Andrew Chin