FedCircuitBlog

Late last month the Federal Circuit issued its opinion in LKQ Corporation v. GM Global Technology Operations LLC, a design patent case that attracted eighteen amicus briefs. In this case, the en banc court reviewed the continuing vitality of the so-called Rosen-Durling test to asses nonobviousness of design patents. In an opinion authored by Judge Stoll, the en banc court overruled the cases using that test and adopted in its place a new approach for assessing nonobviousness of design patents. Notably, Judge Lourie filed a concurring opinion. This is our opinion summary.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include denials of petitions in two related cases. Both raised questions related to claim construction. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition raising a question about the correct interpretation of 35 U.S.C. § 271(e)(1) and denials of petitions in two cases raising questions related to obviousness. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new opinion in an en banc case addressing design patent law’s nonobviousness requirement; seven new petitions raising questions related to nonobviousness, claim construction, infringement, appellate review, and damages; and three denials of petitions raising questions related to definiteness, claim construction, infringement, licenses, and reduction to practice. Here are the details.

Today the Federal Circuit issued an en banc opinion in LKQ Corporation v. GM Global Technology Operations LLC, a design patent case. In the opinion, the en banc court overruled the long-standing Rosen-Durling test used to assess the nonobviousness of design patents. The court decided to apply “the same conditions for patentability that apply to utility patents.” Notably, Judge Lourie concurred in the judgment, suggesting it was unnecessary to overrule Rosen and Durling. Here is the introduction to the majority opinion. We will post an opinion summary later this week.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition filed in a patent case raising a question at the intersection of infringement and claim construction, along with a denial of a petition in another patent case raising questions related to the domestic industry requirement at the International Trade Commission. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include four denials of petitions for rehearing en banc in patent cases concerning questions of patent eligibility, printed publications, and inter partes review. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include new petition for rehearing in two patent cases. One petition raise questions concerning government licenses to patents, while the other petition raises questions related to indefiniteness and claim construction. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include two new denials of petitions for rehearing en banc in patent cases. These petitions raised questions related to claim construction, the scope of inter partes review proceedings, and the evidentiary basis to prove the existence of prior art.  Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition filed in a patent case raising questions regarding the domestic industry requirement at the International Trade Commission and a denial of another petition in another patent case raising questions related to infringement. Here are the details.