Jack T. Hupp and Walkmaker, Inc. v. Siroflex of America, Inc., Defendant/cross-Appellant

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that information that did not amount to an offer for sale was immaterial
• finding that knowledge of a withheld reference does not necessarily establish that it was culpably withheld
• reviewing for substantial evidence a finding of invalidity based on fuc-tionality
• reversing jury finding of “not ornamental for lack of substantial evidence
• “A design or shape that is entirely functional, without ornamental or decorative aspect, does not meet the statutory criteria of a design patent.”
• “[T]he fact that the article of manufacture serves a function is a prerequisite of design patentability, not a defeat thereof.”

Source: CourtListener parenthetical corpus (CC0).