En Banc Activity

Recent En Banc Activity

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.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article discussing how a “California software company has warned that a venue dispute it lost at the Federal Circuit . . . has opened the door ‘for improper venue to be rectified by new facts arising any time throughout litigation’”;
  • an article about “more than half a dozen amicus briefs” urging the Federal Circuit “to keep the [design patent] law as is in order to avoid major disruptions”; and
  • an article about the future of AI, highlighting the Federal Circuit’s holding that “AI did not qualify as a human.”
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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include five amicus briefs filed in the pending en banc case addressing design patent’s non-obviousness requirement and a denial of a petition for rehearing en banc in a utility patent case. Here are the details.  

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include an en banc response brief filed in the only pending en banc case, which addresses the non-obviousness requirement for design patents, and two newly filed petitions for rehearing in two utility patent cases. Here are the details.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article discussing different groups who “weighed in at the Federal Circuit on a legal campaign coming from a rival of General Motors that aims to change how courts make decisions about design patents”; and
  • an article highlighting a Federal Circuit decision “regarding how Patent Term Adjustment interacts with terminal disclaimers and obviousness-type double patenting.”
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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. As for the only pending en banc case, addressing design patent law’s non-obviousness requirement, three amicus curiae briefs were filed in support of appellants, and three amicus curiae briefs were filed in support of neither party. As for petitions, highlights include a new petition presenting a question related to inducement of infringement and two denials in other patent cases. Here are the details.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article discussing oral arguments at the Federal Circuit in three appeals between Masimo Corp. and Apple Inc. involving “a series of Patent Trial and Appeal Board rulings that inventions described in Masimo’s patents were obvious and therefore unpatentable”;
  • an article about how LKQ Corp. v. GM Global Tech. Operations holds the potential to make changes to the longstanding test for design patent obviousness; and
  • an article analyzing the potential impact of a former soldier’s argument that the “U.S. Supreme Court [should] reverse a Federal Circuit decision that he claimed wrongly reduced his access to increased benefits Congress granted to wartime veterans.”
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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • a blog post about how, “as of today, . . . no transcript has been made available” from the July 13 hearing from the ongoing investigation into Judge Newman’s fitness to serve as a judge;
  • an article discussing how the Federal Circuit may be “on the verge of upending [the] harmonious co-existence between design patents and utility patents”; and
  • a blog post about a recently-decided case we have been following because it attracted an amicus brief and its impact on the Federal Circuit’s appellate jurisdiction.
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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • two articles discussing a district judge’s urging for Judge Newman and her colleagues to use mediation to resolve their dispute related to her fitness to serve as a judge;
  • a blog post featuring comments by former Federal Circuit Chief Judge Paul Michel on the potential impact of the recently introduced Patent Eligibility Restoration Act; and
  • a blog post discussing the Federal Circuit’s recent grant of a petition for rehearing en banc in a design patent case addressing obviousness.
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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • two blog posts discussing the Federal Circuit’s recent grant of a petition for rehearing en banc in a design patent case addressing obviousness; and
  • an article noting takeaways from a recent Federal Circuit opinion addressing how “the U.S. Patent Trial and Appeal Board need not consider evidence submitted via incorporation by reference.”
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