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CAFC Patents En Banc Review

Fenwick & West LLP

En banc Hearing Petition Filed on Recent Fed. Circ. Collateral Estoppel Decision

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The Court of Appeals for the Federal Circuit has sparked debate following a recent ruling on the Patent Trial and Appeal Board's (PTAB) application of estoppel provisions in invalidating amended claims in inter partes...more

Quarles & Brady LLP

Design Patent Obviousness Inquiry Is Up for Review at the CAFC

Quarles & Brady LLP on

As we have previously written about, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) has granted a petition for an en banc rehearing of LKQ Corp. et al v. GM Global Technology to rule on the...more

Quarles & Brady LLP

Uncertainty Ahead if Design Patent Obviousness Test is Abrogated by en banc CAFC

Quarles & Brady LLP on

In a surprising move, the Court of Appeals for the Federal Circuit (“CAFC”) has granted a petition for rehearing en banc on the issue of whether the test for determining obviousness of design patents has been overruled by the...more

Foley & Lardner LLP

En Banc CAFC Requires UCC Sale For On Sale Bar

Foley & Lardner LLP on

In an en banc decision issued in The Medicines Company v. Hospira, Inc., the Federal Circuit determined that in order for a commercial transaction to trigger the on-sale bar of § 35 USC 102(b), it must “bear the general...more

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