Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article reporting on the Federal Circuit’s biennial judicial conference in which six Federal Circuit judges “appeared on a panel . . . to discuss best-and worst-practices” used by appellate litigators in court; and
- an article discussing implications of the Federal Circuit’s recent elimination of its historical test for design patent law’s nonobviousness requirement; and
- another article reporting on the Federal Circuit’s biennial judicial conference in which Chief Justice Roberts spoke about “the Federal Circuit’s own important role in deciding intellectual property disputes, from copyrights to patents.”
Michael Shapiro wrote an article for Bloomberg Law reporting on the Federal Circuit’s biennial judicial conference in which six Federal Circuit judges “appeared on a panel . . . to discuss best-and worst-practices” used by appellate litigators in court. According to Shapiro, the judges specifically mentioned “[t]aking too long during arguments, refusing to make any concessions, and displaying outward animosity to opposing counsel are fast-track ways to lose the judges you’re appearing before.”
Eileen McDermott wrote an article for IPWatchdog discussing the Federal Circuit’s recent decision in LKQ Corporation v. GM Global Technology Operations LLC. McDermott focused on the implications of the en banc court eliminating its historical test for design patent law’s nonobviousness requirement. According to McDermott, one commentator remarked that the decision “makes obviousness more subjective” while another said the decision is going to be difficult to apply in practice and will complicate challenges all around. We recently discussed this decision in a breaking news post on this site.
Michael Shapiro wrote an article for Bloomberg Law reporting on the Federal Circuit’s biennial judicial conference in which Chief Justice Roberts spoke about “the Federal Circuit’s own important role in deciding intellectual property disputes, from copyrights to patents.” The Chief Justice also noted that May 14th (the day he spoke at the conference) “was an important day for both the crafting of the US Constitution and for Lewis and Clark’s trip to explore and chart the American West.”