Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- a blog post about how, “as of today, . . . no transcript has been made available” from the July 13 hearing from the ongoing investigation into Judge Newman’s fitness to serve as a judge;
- an article discussing how the Federal Circuit may be “on the verge of upending [the] harmonious co-existence between design patents and utility patents”; and
- a blog post about a recently-decided case we have been following because it attracted an amicus brief and its impact on the Federal Circuit’s appellate jurisdiction.
Gene Quinn and Eileen McDermott wrote a blog post for IPWatchdog discussing how, “as of today, . . . no transcript has been made available” from the July 13 hearing from the ongoing investigation into Judge Newman’s fitness to serve as a judge. They note how, “[n]ormally, court transcripts are provided within 1-3 days, and redactions take at most an additional few days.”
Deirdre M. Wells, William H. Milliken, and Kristina Caggiano Kelly authored an article for Reuters discussing how in LKQ Corporation v. GM Global Technology Operations LLC the Federal Circuit may be “on the verge of upending [the] harmonious co-existence between design patents and utility patents.” In this en banc patent case they believe, “[r]egardless of the outcome — whether the Federal Circuit’s decision confirms (or evaporates) the parallel yet distinct trajectories of design and utility patents — the case will have widespread impact on the patent community.”
Dennis Crouch wrote a blog post for PatentlyO about Teradata Corp v. SAP SE, a recently-decided case we have been following because it attracted an amicus brief and its impact on the Federal Circuit’s appellate jurisdiction. He highlights how, “[i]n its decision, the Federal Circuit held it lacked jurisdiction over Teradata’s appeal because the patent infringement allegations [were] only . . . raised in a permissive counterclaim.” He thinks this decision “provides an exception to the general rule” that the “law of appellate jurisdiction routes almost every patent appeal to the” Federal Circuit, a rule that “ensure[s] more national uniformity in application of the U.S. patent laws.”