The U.S. Supreme Court heard arguments this week in two intellectual property cases: Star Athletica v. Varsity Brands, on the copyrightability of design in functional items such as clothing, and SCA Hygiene Products v. First Quality Baby Products, on whether the equitable defense of laches can be used to block untimely patent lawsuits. We offer five takeaways from the court’s IP docket this week.
1. The Supreme Court might be taking more intellectual property cases in recent years, but that doesn’t mean they’re personally taking more interest in IP law. The justices sounded less than fully geared up for the two cases.
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