RANGE OF MOTION v. ARMAID UPDATE

Since my initial post in January, Range of Motion (RoM) filed a Petition for Rehearing En Banc at the Federal Circuit in early April. 

Within a couple of weeks, several amicus briefs were filed, either in support of the Petition or in support of neither party.  The briefs included those from AIPLA, IDSA, IDSPP (Institute for Design Science and Public Policy; Charles Mauro’s group), Robert Oake, and (ahem) Perry Saidman.

Rather than summarize the briefs, they are provided in the links for your reading pleasure.

In late May, Armaid filed a Response to the Petition for Rehearing.

The ball is now in the Court’s court (double entendre intended!). 

Although very few en banc petitions are granted, and fewer still in the design patent realm, I think this one has a better than normal chance, primarily because of Chief Judge Moore’s well-reasoned dissent in the original opinion.

But if it’s denied, then it’s off to the Supreme Court!

Curiously, the minute I make an “update” post like this, something comes from the Court to update my post! So, stay tuned