En Banc Activity

Recent En Banc Activity

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. 

Read More
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 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.”
Read More
Court Week

Court Week – February 2024 – What You Need to Know

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.

Read More
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 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.”
Read More
En Banc Activity

Recent En Banc Activity

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.

Read More
Argument Preview / En Banc Activity

Argument Preview – LKQ Corporation v. GM Global Technology Operations LLC

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.

Read More
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.

Read More
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.”
Read More
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.  

Read More
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.

Read More