FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Last week, the court granted en banc rehearing in a patent case addressing the applicable test for non-obviousness of designs under design patent law. The court also filed an order holding another related patent case in abeyance pending the en banc review of the granted case. Here are the details.

This morning, the Federal Circuit granted LKQ Corporation’s petition for rehearing en banc in LKQ Corporation v. GM Global Technology Operations LLC, a design patent case addressing obviousness. In its petition, LKQ asked the en banc court to review two questions related to obviousness in the context of design patents. In its order granting en banc rehearing,the Federal Circuit ordered the parties to address several related questions in supplemental briefs. Here are the details.

This morning, the Federal Circuit released a precedential order granting a petition for en banc rehearing in a design patent case addressing obviousness. The court also released three nonprecedential opinions: one in a patent case appealed from the Patent Trial and Appeal Board and two in related pro se cases appealed from the Merit Systems Protection Board. Here are the introductions to the order and opinions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition filed in a case raising a question about what constitutes a final judgment for purposes of appellate jurisdiction, three new responses to petitions related to eligibility and design patent’s non-obviousness requirement, and two amicus briefs also related to design patent’s non-obviousness requirement. The court also denied two petitions raising questions about eligibility and infringement. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a response to a petition raising questions related to prosecution laches, invited a response to a petition raising questions related to patent eligibility, and received three amicus briefs supporting rehearing in two cases raising the same questions related to non-obviousness of designs under design patent law. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received three petitions, one raising questions related to subject matter eligibility and two raising questions related to the applicable test for non-obviousness of designs under design patent law. The court invited a response to the petitions raising questions related to the applicable test for non-obviousness of designs under design patent law. Finally, the court denied a petition raising a question related to claim construction. Here are the details.

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 the U.S. Supreme Court asking the Solicitor General “to provide its views on [a] petition asking the High Court to clarify the proper application of estoppel in inter partes review (IPR) proceedings”;
• an article about the Federal Circuit rejecting a “claim that the U.S. Supreme Court has implicitly overruled key design patent validity tests”; and
• another article about the Federal Circuit’s recent en banc decision that “overturned an earlier decision that would have allowed veterans to receive up to an additional year of education.”

This morning the Federal Circuit released one precedential opinion and two nonprecedential opinions. The precedential opinion comes in a patent case appealed from the Eastern District of Texas. In it, the Federal Circuit affirmed the district court’s determination that a patent is unenforceable based on prosecution laches. Notably, Judge Stark filed a dissenting opinion. The two nonprecedential opinions come in separate patent cases appealed from the Patent Trial and Appeal, both involving the same parties. In each opinion, Judge Lourie filed additional views and Judge Stark filed a concurring opinion, both addressing the argument the Supreme Court overruled the Federal Circuit’s approach to obviousness with respect to design patents. Late yesterday and this morning, the Federal Circuit also released six nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.