Functional Works Useful Articles Randal C Picker James Parker Hall Distinguished Service Professor of Law Ludwig amp Hilde Wolf Teaching Scholar The Law School The University of Chicago PGS Works ID: 697129
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Class 7Copyright Autumn 2019Functional Works: Useful Articles
Randal C. Picker
James Parker Hall Distinguished Service Professor of Law
The Law School
The University of ChicagoSlide2
PGS WorksThe Definition“Pictorial, graphic, and sculptural works” include two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans.
November 26, 2019
2Slide3
PGS WorksThe DefinitionSuch works shall include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned
November 26, 2019
3Slide4
Useful ArticlesThe DefinitionA “useful article” is an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article that is normally a part of a useful article is considered a “useful article”.
November 26, 2019
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PGS WorksThe Definitionthe design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural
features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article
.
November 26, 2019
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November 26, 20196
17 USC 113
Limits on Rights as to PGS WorksSlide7
November 26, 20197
17 USC 113
Legislative HistorySlide8
November 26, 20198
17 USC 113
Legislative HistorySlide9
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U.S. Patent Law: Design PatentsSlide10
10
U.S. Patent Law: Design PatentsSlide11
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Apple Design PatentSlide12
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Apple Design PatentSlide13
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Apple v Samsung Complaint, Apr 15, 2011Slide14
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Apple v Samsung Amended Verdict Form, Aug 24, 2012
“
We, the jury, unanimously agree
to the answers to the following questions and returns them under the instructions of this Court
as our verdict in this case
.”Slide15
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Apple v Samsung Amended Verdict Form, Aug 24, 2012
Utility Patent InfringementSlide16
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Apple v Samsung Amended Verdict Form, Aug 24, 2012
Design Patent InfringementSlide17
17
Apple v Samsung Amended Verdict Form, Aug 24, 2012
Damages AwardSlide18
18
Apple v Samsung Amended Verdict Form, Aug 24, 2012
Damages By DeviceSlide19
November 26, 201919
TTYN (1 of 4)
Mazer v. SteinSlide20
November 26, 201920
TTYN (2 of 4)
Kieselstein
-Cord
Belt Buckles 2nd Cir 1980Slide21
November 26, 201921
TTYN (3 of 4)
Carol
Barnhart Torsos: 2nd Cir 1985Slide22
November 26, 201922
TTYN (4 of 4)
Brandir
: 2nd Cir 1987Slide23
ResultsCasesMazur: CopyrightableKieselstein-Cord: CopyrightableCarol Barnhat
: Not copyrightable (2-1)
Brandir
: Not copyrightable (2-1)
November 26, 2019
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November 26, 201924
Star
Athletica
Images
TTYN (1 of 5): Thomas AppendixSlide25
November 26, 201925
Star
Athletica
Images
TTYN (2 of 5): Breyer AppendixSlide26
November 26, 201926
Star
Athletica
Images
TTYN (3 of 5): Breyer AppendixSlide27
November 26, 201927
Star
Athletica
Images
TTYN (4 of 5): Breyer AppendixSlide28
November 26, 201928
Star
Athletica
Images
TTYN (5 of 5): Ginsburg AppendixSlide29
November 26, 201929
Star
Athletica
(US 2017)
Majority Result