This week is Court Week at the Federal Circuit. In total, the court will convene 12 panels to consider 57 cases. Of these 57 cases, the court will hear oral arguments in 43. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, two cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these two cases.
LKQ Corporation v. GM Global Technology Operations LLC
As explained in our argument preview, in this en banc patent case, the Federal Circuit will review a judgment of the Patent Trial and Appeal Board and, in the process, determine whether to adopt a more flexible test for analyzing design patent obviousness compared to the existing “Rosen-Durling” test.
Barry Irwin will argue for LKQ Corporation and Keystone Automotive Industries Inc.
Joseph Herriges will argue for GM Global Technology Operations LLC
This argument is scheduled to take place on Wednesday, February 5 in Courtroom 201 at 10:00 AM Eastern. We will report on developments.
Jones v. Merit Systems Protection Board
As explained in our argument preview, in this case the Federal Circuit will review a decision by the Merit Systems Protection Board finding it lacked jurisdiction over Jones’s appeal because he failed to prove he was an “employee” within the meaning of the Civil Service Reform Act of 1978.
Stephen B. Pershing will argue for Jones.
Elizabeth W. Fletcher will argue for the Merit Systems Protection Board.
Notably, this argument was scheduled to take place on Wednesday, February 8. Last Friday, however, the court granted a motion to postpone the argument for at least 30 days. We will report on developments.