Judge Edith Jones of the #5thCircuit U.S. Court of Appeals argued in a letter to the WSJ that the #FederalCircuit circumvented the “usual process” in its probe of Judge Pauline Newman’s mental fitness and her alleged failure to cooperate with investigators.

Newman, 96, has allegedly shown bouts of memory loss, confusion and paranoia. A 3-judge panel is seeking to suspend her for one year or until she submits to a court-ordered examination.

#LawFedi #legal

https://www.reuters.com/legal/legalindustry/us-appeals-judge-faults-probe-federal-circuits-pauline-newman-2023-08-15/

Mon 4/24 - JPMorgan Handcuffs, AMC in the Chancery, Samsung Loses Big and Competence in the Federal Circuit

In today’s episode we have #JPMorgan demanding six-months notice before resignation, #AMC in the #Chancery Court, #Samsung loses big and updates on the competency hearing in the #FederalCircuit.

#lawfedi @law

https://www.minimumcomp.com/p/mon-424-jpmorgan-handcuffs-amc-in

A district judge determined (quite correctly) that this shaving device does not infringe this design patent. The patent owner has, nonetheless, appealed: https://www.scribd.com/document/625938416/Skull-Shaver-v-IdeaVillage-Appeal-Docketed

#SkullShaver #DesignPatents #Litigation #FederalCircuit

I can't wait for oral argument in this one: https://www.courtlistener.com/docket/66672045/gorge-design-group-llc-v-meaning-xuansheng/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc

In the meantime, here are the briefs: https://www.scribd.com/document/615575243/Gorge-Design-v-Xuansheng-Fed-Cir-briefs

#ScheduleA #GorgeDesign #FederalCircuit #UtilityPatents #Trademarks #Copyrights

I'll add that this continues a trend I've noticed where the Federal Circuit doesn't publish their § 103 decisions in design patent cases.

I'm not entirely sure what to make of it but it seems notable.

#DesignPatents #FederalCircuit #Rosen #Obviousness

I've also noted that tension: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1926162

But I think the problem is not the Rosen requirement per se but rather the way the Federal Circuit has been applying it. See id.

See also https://patentlyo.com/patent/2022/12/defense-rosen-references.html

#DesignPatents #FederalCircuit #Rosen #Obviousness

The Rosen reference survives another day.

The Federal Circuit rejects LKQ's attack--for now--in a per curiam opinion, which totals 32 pages, counting the panel's opinion, additional views from Judge Lourie and a concurrance-in-part from Judge Stark: http://cafc.uscourts.gov/opinions-orders/21-2348.OPINION.1-20-2023_2066528.pdf

Judge Stark notes (correctly) that "there is, at minimum, substantial tension between the Supreme Court’s holding in KSR and our Durling test."

#DesignPatents #FederalCircuit #Rosen #Obviousness

Last week in #DesignPatents:

- In #ColumbiaVersusSeirus,
the #FederalCircuit wrestled with the question of design patent scope post-Curver & Surgisil (some thoughts here: https://patentlyo.com/patent/2023/01/burstein-patents-drawing.html)

- While a district judge issued a decision on the same issue without mentioning Curver or Surgisil: https://mastodon.social/@design_law/109682145387589957

- The USPTO expanded the time for comments on the #PatentBar: https://mastodon.social/@design_law/109682937400533444

- Someone filed a ridiculous DP case against Google in D. Mass: https://mastodon.social/@design_law/109676187314744655

Thanks to @IowaPatentLaw for letting me share some thoughts on yesterday's argument in #ColumbiaVersusSeirus over on PatentlyO:
https://patentlyo.com/patent/2023/01/burstein-patents-drawing.html

Here's the article that Columbia mentioned during the argument: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2714081

#DesignPatents #FederalCircuit

Really good questions so far from the panel in #ColumbiaVersusSeirus.

#DesignPatents #FederalCircuit

Note that, in #ColumbiaVersusSeirus, the patent claims a design for "heat-reflective material."

Columbia wants the court to rule that no other types of materials/fabrics can count as prior art.

(And yes, it concedes that no other types of materials/fabrics could infringe.)

#DesignPatents #FederalCircuit

Note that, in #ColumbiaVersusSeirus, Columbia is trying to slice things pretty slim.

Its patent claims a design for "heat-reflective material." Columbia wants the court to rule that no other fabrics can count as prior art.

#DesignPatents #FederalCircuit

Are stools chairs? Is an ottoman a chair?

These are the kinds of questions that are coming up in #ColumbiaVersusSeirus.

#DesignPatents #FederalCircuit

Okay, here we go: Oral arguments in #ColumbiaVersusSeirus, second argument in today's 10 a.m. Eastern panel: https://cafc.uscourts.gov/home/oral-argument/daily-schedule/

Panel: Prost, Reyna & Hughes

#DesignPatents #FederalCircuit

Design Patents at the Federal Circuit: Arguments in round 2 of Columbia v. Seirus are scheduled for this Thursday.

For some thoughts on the court's decision in round 2, see: https://patentlyo.com/patent/2020/02/columbia-v-seirus-the-sky-is-not-falling.html

For the briefs from this round: https://www.scribd.com/document/615909268/Columbia-v-Seirus-Round-2-Briefs

#DesignPatents #FederalCircuit #ColumbiaVersusSeirus

Same for Creekview IP LLC https://cafc.uscourts.gov/opinions-orders/23-108.ORDER.1-4-2023_2057285.pdf

#Patents #Litigation #FederalCircuit

Federal Circuit denies Waverly Licensing LLC's petition for mandamus against complying with Chief Judge Connolly's disclosure standing order: https://cafc.uscourts.gov/opinions-orders/23-109.ORDER.1-4-2023_2057317.pdf

"Waverly argues that the district court clearly over-stepped its authority when it entered the standing orders. But a direct challenge to those orders at this juncture is premature, as Waverly has not been found to violate those orders...."

#Patents #Litigation #FederalCircuit

To be clear: I'm not saying these claims are never (or can never be) meritorious.

I'm saying that this scheme is ripe for abuse. And what we can see is....not confidence-inspiring.

#Patents #Litigation #ScheduleA #FederalCircuit

Additionally, I see no reason to assume, as the court does here, that these cases are mostly meritorious.

See, e.g., this design patent Schedule A case that recently made it to the Federal Circuit: https://patentlyo.com/patent/2022/10/guest-post-about.html

#DesignPatents #Litigation #ScheduleA #FederalCircuit

Here's the District Judge's decision: https://storage.courtlistener.com/recap/gov.uscourts.pawd.271422/gov.uscourts.pawd.271422.76.0.pdf

This part is particularly galling because, as @hewittlaw has explained, it's really hard for defendants to publicly fight back in these cases. The normal playbook seems to be: Show some spine, get dismissed.

So the fact that there are "many other cases" like this doesn't mean they're okay.

#UtilityPatents #Litigation #ScheduleA #FederalCircuit