JD Supra

No Summary Judgment Where Primary Reference Might Not Be “Basically the Same” as Asserted Design Patent

The US Court of Appeals for the Federal Circuit found that the district court improperly resolved a genuine dispute of material fact with respect to summary judgment of invalidity for design patent ...
JD Supra

A Matter of Style: No Need to Select “Primary” Reference in Obviousness Challenge

The US Court of Appeals for the Federal Circuit affirmed an obviousness decision by the Patent Trial & Appeal Board, explaining that nothing requires a petitioner to identify a prior art reference as ...
Patently-O

Goodbye Rosen references, hello Jennings references?

LKQ Corp. v. GM Global Tech., 21-2348 (Fed. Cir. 2024) (en banc). In its decision in LKQ v. GM, the en banc Federal Circuit may have raised as many questions as it answered. For now, I’d like to focus ...
IPWatchdog

SCOTUS Denies Petition to Review CAFC Precedent on Justification for Primary Reference Selection

The U.S. Supreme Court on Monday, March 18, denied a petition filed by patent owner Jodi A. Schwendimann asking the Court to review a decision of the U.S. Court of Appeals for the Federal Circuit ...