Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights two articles discussing the Federal Circuit’s recent en banc decision changing the court’s interpretation of design patent law’s nonobviousness requirement, along with a memorandum from the U.S. Patent and Trademark Office addressing the same decision:
- an article detailing the effects that the Federal Circuit’s decision will have on design patent challenges;
- another article discussing how the new test has created uncertainty over what’s obvious; and
- a memorandum from the U.S. Patent and Trademark Office entitled “Updated Guidance and Examination Instructions for Making a Determination of Obviousness in Designs in Light of LKQ Corporation v. GM Global Technology Operations LLC.“