Skilled in the Art With Scott Graham: Will This Rigid Rule of Design Patents Survive an Attack by Mark Lemley? + Judge Connolly Is Free to Keep Inquiring Into Patent Ownership
Three Federal Circuit judges pushed back substantively and procedurally on the notion of overruling the 40-year-old Rosen test for design patent obviousness. But one acknowledged that it "seems inconsistent" with the Supreme Court's KSR decision.
December 09, 2022 at 09:26 AM
8 minute read
Skilled in the Art
Welcome to Skilled in the Art. I'm Law.com IP reporter Scott Graham. Here's what's cracking this week:
• Stanford law professor Mark Lemley tells the Federal Circuit it's time to throw out a 40-year-old design patent precedent. The Federal Circuit is looking for some reason, any reason, not to.
• The Federal Circuit will not intercede—at least not now—into Judge Connolly's investigation into patent ownership, litigation funding and compliance with his standing orders.
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