Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article discussing a “rare Federal Circuit en banc patent case” set for oral argument next week that “threatens” the current test for obviousness with respect to design patents; and
- an article indicating “the Federal Circuit could make the [International Trade Commission] a more appealing forum.”
Michael Shapiro authored an article for Bloomberg Law discussing a “rare Federal Circuit en banc patent case” set for oral argument next week that “threatens” the current test for obviousness with respect to design patents. As explained by Shapiro, the Federal Circuit will assemble as a group for the first time in more than 15 years to “hear argument in a case that could reshape how design patents are litigated.” The case is LKQ Corporation v. GM Global Technology Operations LLC.
Ryan Deck and Gwendolyn Tawresey wrote an article for IP Watchdog indicating “the Federal Circuit could make the [International Trade Commission] a more appealing forum.” Deck and Tawresey note how the “Federal Circuit is primed to provide much-needed clarity on the economic prong of the domestic industry requirement” in a pending case.