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Design patent law is underdeveloped. But SCOTUS should "stay out of it"?
If SCOTUS had stayed out of #appsung, we'd be stuck with the insane (and ahistorical) Apple/Nordock rule. 
Maybe if you want SCOTUS to "stay out of it," don't do insane things? (FTR, I was in the courtroom when that case was argued. The Justices' body language screamed "this is insane.")
