Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article discussing the impact that the elimination of Chevron deference may have on the Federal Circuit’s oversight in the areas of its jurisdiction; and
- an article reporting how “General Motors is close to settling LKQ Corp.’s challenge to its design patent” in light of the “Federal Circuit’s decision to throw out the more-than 40-year-old design patent obviousness test in favor of a more relaxed framework.”
Jerry Cohen wrote an article for IPWatchdog discussing the impact that the elimination of Chevron deference may have on the Federal Circuit’s oversight in the areas of its jurisdiction. Cohen predicts that “[w]hat lies ahead is much litigation delaying the implementation or rules after months or years of new rules development, followed by notice of rulemaking, public input, adjustments, adoption.”
Annalise Gilbert published an article with Bloomberg Law reporting how “General Motors is close to settling LKQ Corp.’s challenge to its design patent” in light of the “Federal Circuit’s decision to throw out the more-than 40-year-old design patent obviousness test in favor of a more relaxed framework.” Gilbert suggests the Federal Circuit’s decision to overrule its previous test “could create years of legal work to iron out nuances in courts and at the U.S. Patent and Trademark Office.”