FedCircuitBlog

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.

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.”

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.

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.”

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.

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.

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.”

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.