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.")
Also, whatever claim the Federal Circuit has to subject matter expertise in utility patents has little to no bearing on design patents. No one's ever been appointed to the Federal Circuit because they're experts in design patent law (let alone design).
One of the judges seems to be actually interested in and concerned about this area of the law. Others seem to see design patent cases as vehicles for advancing their utility-patent law agendas. (*Cough* In re Maatita).
If I really were Empress of Design Patents, I'd send all of these cases back to the regional circuits. In the meantime, I hope SCOTUS doesn't "stay out of it."
The part about think tanks is interesting, though. I know some policy groups have recently become interested in design patents but I doubt they're the ones Judge Michel wants to be interested...
