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

• an article discussing how “Judge Pauline Newman on Wednesday lost a bid to persuade the federal court system’s governing body to review her suspension from the U.S. Court of Appeals for the Federal Circuit”;
• a similar article about how “Judge Pauline Newman . . . faces a difficult path to getting reinstated without complying with an investigation into her mental fitness”; and
• an article highlighting how the Federal Circuit “met to consider a design patent appeal en banc for the first time in more than 15 years.”

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

• an article arguing the “full Federal Circuit should reject an ill-conceived request by major players in the repair parts industry” after yesterday’s arguments in a design patent case; and
• an article discussing how the Federal Circuit agreed “with a lower court’s conclusion that claims in an Eolas Technologies Inc. 1994 web patent weren’t actually valid, handing a win to Google, Amazon and Walmart.”

This week is Court Week at the Federal Circuit. In total, the court will convene 12 panels to consider 57 cases. Of these 57 cases, the court will hear oral arguments in 43. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, two cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these two cases.

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

• an article discussing a “rare Federal Circuit en banc patent case” set for oral argument next week that “threatens” the current test for obviousness with respect to design patents; and
• an article indicating “the Federal Circuit could make the [International Trade Commission] a more appealing forum.”

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 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 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.”