design_law, 15 hours ago to random

Some more assorted thoughts on #LKQvGM:

design_law, 16 hours ago to random

Law360 coverage of #LKQvGM, featuring some comments from me and several high-profile design practitioners:
https://www.law360.com/ip/articles/1839570?nl_pk=2e71aa9c-c8f8-43ff-9d5a-fafec61b2085

#DesignPatents

design_law, 1 day ago to random

Okay, got two #LKQvGM panels in the works. One online, soon; one in Chicago, in the fall. Stay tuned. #DesignPatents #RestInPeaceRosen

design_law, 1 day ago (edited 11 hours ago) to random

Will GM file a cert petion?

#LKQvGM

design_law, 1 day ago to random

Breaking: #LKQvGM is out! http://cafc.uscourts.gov/opinions-orders/21-2348.OPINION.5-21-2024_2321050.pdf

Reading now.

#DesignPatents

design_law, 13 days ago to random

Would have been hilarious if the Federal Circuit released #LKQvGM today. But alas.

meredithlowry, 1 month ago to random

Today in design patents:

D1020281 issued for a chair for outdoors. #DesignPatents

design_law, 3 months ago to random

Just out of curiosity, I looked up when the last Federal Circuit en banc design patent case, #EgyptianGoddess, was argued (6/2/08) and decided (9/22/08).

If #LKQvGM were to follow the same timeline, we could expect a decision around late May.

#DesignPatentsEnBanc #PatentFedi

design_law, 3 months ago to random

Look, if In re Rosen (1982) isn't too old to overrule, then neither is In re Zahn (1980). #LKQvGM

design_law, 3 months ago to random

Law360 coverage of the #LKQvGM argument: https://www.law360.com/ip/articles/1771814?nl_pk=2e71aa9c-c8f8-43ff-9d5a-fafec61b2085

#DesignPatents #PatentFedi #LawFedi

design_law, 3 months ago to random

"The judges seemed interested in tweaking the existing 'Rosen-Durling' test but struggled with getting the parties to clearly articulate a replacement approach wouldn’t be potentially just as bad."

• Eileen McDermott via IP Watchdog

https://ipwatchdog.com/2024/02/05/lkq-en-banc-argument-suggests-cafc-could-soften-test-design-patent-obviousness/id=172880

#LKQvGM

design_law, 3 months ago to random

Last question in #LKQvGM:

Judge: If we could only make one change [to the § 103 analysis], what should we change?

Lemley: Overrule Rosen/Durling

Judge: "That's not going to happen."

#DesignPatents #PatentFedi #LawFedi

design_law, 3 months ago to random

Let's go! Panel will be Moore, Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, Stark (everyone but Newman and Cunningham):

#LKQvGM

design_law, 3 months ago to random

Today is the day! #LKQvGM will be argued before the en banc Federal Circuit today at 10 a.m. Eastern.

Audio link: https://cafc.uscourts.gov/home/oral-argument/listen-to-oral-arguments/

Docket: https://www.courtlistener.com/docket/66745365/lkq-corporation-v-gm-global-technology-operations-llc/?order_by=desc

Here's a short preview from @patentlyo: https://patentlyo.com/patent/2024/02/corporation-global-design.html

If you're interested in a deeper dive into the issue, here's an article I wrote: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1926162

For an update to my views on primary references, see § IV(C)(2) here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4496762

#DesignPatents #PatentFedi #LawFedi #RightToRepair #LawProfs

design_law, 3 months ago to random

Who's excited for Monday?

#DesignPatents #FederalCircuit #LKQvGM #PatentFedi

design_law, 3 months ago to random

Here's more commentary on #LKQvGM, from Chris Carani & Dunstan Barnes: https://news.bloomberglaw.com/us-law-week/federal-circuit-should-spurn-appeal-to-scrap-design-patent-test

#DesignPatents

design_law, 3 months ago to random

BLaw covers the biggest design patent case of the year, with some commentary from me: https://news.bloomberglaw.com/ip-law/rare-federal-circuit-en-banc-patent-case-threatens-design-test

#DesignPatents #LKQvGM

design_law, 3 months ago to random

Looks like the IPO is holding a #LKQvGM panel: https://webinars.ipo.org/products/everything-you-need-to-know-to-listen-to-the-gm-v-lkq-en-banc-design-patent-obviousness-argument#tab-product_tab_speaker_s

#DesignPatents

design_law, 4 months ago to random

Upcoming patent events of interest (including our #LKQvGM panel), via @patentlyo: https://patentlyo.com/patent/2024/01/three-upcoming-events.html

design_law, 4 months ago to random

Please join Suffolk Law on February 6 for an online panel discussion on LKQ v. GM, moderated by me and featuring @patentlyo, @meredithlowry, Darrell Mottley (Howard Law) & Laura Sheridan (Google).

Get the details and register (for free) here: https://events.suffolk.edu/event/design_patents_en_banc_lkq_v_gm

#LawFedi #PatentFedi #DesignPatents #DesignPatentsEnBanc #LKQvGM

design_law, 4 months ago to random

Please join Suffolk Law on February 6 for our online panel discussion on LKQ v. GM.

Details and (free) registration link here: https://events.suffolk.edu/event/design_patents_en_banc_lkq_v_gm

#DesignPatents #LKQvGM #DesignPatentsEnBanc #PatentFedi #FederalCircuit

design_law, 5 months ago to random

Save the date: I'm organizing a panel on #LKQvGM for noon Eastern on Tuesday, February 6, 2024 (the day after the oral arguments). It will be a free, online event. Hope to see you there!

#LawFedi #PatentFedi #DesignPatents #FederalCircuit #DesignPatentsEnBanc

design_law, 5 months ago to random

LKQ has filed its reply brief in #LKQvGM:

https://storage.courtlistener.com/recap/gov.uscourts.cafc.17834/gov.uscourts.cafc.17834.216.0.pdf

#DesignPatents #FederalCircuit #PatentFedi

design_law, 5 months ago to random

The Intellectual Property Law Association of Chicago (IPLAC) is hosting a free online panel on #LKQvGM on 12/7 at noon Central.

All the panelists wrote amicus briefs: Josh Sarnoff (DePaul Law), Frank Angeliri (Ford), Rob Katz (IDSA) and John Cordani (American Casualty Insurance). It's being organized and moderated by Christopher V. Carani (McAndrews, Held & Malloy).

https://iplac.org/events/meet-the-amici-en-banc-federal-circuit-case-lkq-v-gm-design-patent-obviousness-2/