This morning the Federal Circuit released two nonprecedential orders. Both orders are dismissals. Additionally, late in the day on Friday the Federal Circuit released an additional nonprecedential order vacating a panel opinion and, among other things, remanding the case to the Patent Trial and Appeal Board. Here is the introduction to Friday’s nonprecedential order as well as links to the dismissals.
LKQ Corp. v. GM Global Technology Operations LLC (Nonprecedential Order)
Before the court is a joint motion by Appellants LKQ Corporation and Keystone Automotive Industries, Inc. (“LKQ”) and Appellee GM Global Technology Operations LLC (“GM”) (collectively, the “Parties”). Dkt. 86. The Parties jointly requested that in light of LKQ Corp. v. GM Global Technology Operations LLC, 102 F.4th 1280 (Fed. Cir. 2024) (“En Banc Decision”), we resolve LKQ’s pending request for rehearing en banc, Dkt. 50 (Mar. 23, 2023), by: (1) vacating Dkt. 45 (Jan. 20, 2023) (“Panel Decision”) as to the Patent Trial and Appeal Board’s non-obviousness determination in the appealed Final Written Decision, PGR2020-00055, Dkt. 33 (Oct. 8, 2021) (“FWD”); (2) vacating the Board’s non-obviousness determination in the FWD; (3) affirming, consistent with the Panel Decision, the Board’s finding of no anticipation; and (4) remanding to the Board for further proceedings consistent with this court’s En Banc Decision. Dkt. 86 at 1.