FedCircuitBlog

Earlier this month, the Federal Circuit heard oral argument in LKQ Corporation v. GM Global Technology Operations LLC, a design patent case being heard by the court en banc. In this case, the Federal Circuit is reviewing a judgment of the Patent Trial and Appeal Board and, in the process, determining whether to adopt a more flexible test for analyzing design patent obviousness compared to the existing “Rosen-Durling” test. This is our argument recap.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include the only pending en banc case reaching oral argument, a new petition for rehearing regarding literal infringement, and a denial of a petition raising a question concerning the meaning of an alleged “coined term.” Here are the details. 

Here is an update on recent en banc activity at the Federal Circuit. Highlights include an upcoming oral argument in the only pending en banc case–a design patent case–and a new petition for rehearing in another patent case presenting a question regarding the printed matter doctrine. The court also denied two petitions in other patent cases. Here are the details.

Two cases being argued this month at the Federal Circuit attracted amicus briefs. One of these cases is LKQ Corporation v. GM Global Technology Operations LLC, a design patent case being heard en banc. In it, 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. This is our argument preview.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition for rehearing in a patent case concerning inter partes review proceedings and prior art. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition for rehearing concerning the standard of determining whether a claim is a “coined term” and two denials. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition for rehearing in a patent case concerning the presumption of nexus related to secondary considerations of non-obviousness, along with three denials of rehearing in cases raising questions related to Rule 36, anticipation, secondary considerations of non-obviousness, and design patent infringement. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include the filing of a reply brief filed in the only pending en banc case, a design patent case addressing the non-obviousness requirement; the filing of a new petition for rehearing in another patent case; and the denial of a petition for rehearing in a case raising a question about venue. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition in a patent case raising a question concerning prior art for purposes of design patent law and two denials of petitions in two other patent cases raising questions related to the law governing reissue proceedings and fee shifting, respectively. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include two new petitions for rehearing in patent cases presenting questions related to secondary considerations of non-obviousness and inconsistency between Board and district court claim constructions, along with a denial of a petition in another patent case presenting a question related to eligibility. Here are the details.