Lkq Corporation v. Gm Global Technology Operations LLC

Case: 22-1253 Document: 87 Page: 1 Filed: 08/23/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

______________________

LKQ CORPORATION, KEYSTONE AUTOMOTIVE

INDUSTRIES, INC.,

Appellants v.

GM GLOBAL TECHNOLOGY OPERATIONS LLC,

Appellee ______________________

2022-1253 ______________________

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. PGR2020- 00055.

______________________ ON MOTION ______________________

Before MOORE, Chief Judge, LOURIE, DYK, PROST, REYNA, TARANTO, CHEN, HUGHES, STOLL, and STARK, Circuit

Judges. *

* Circuit Judge Newman and Circuit Judge Cunning- ham did not participate. Circuit Judge Clevenger, who was a member of the original panel, also did not participate. Case: 22-1253 Document: 87 Page: 2 Filed: 08/23/2024 2 LKQ CORPORATION v.

GM GLOBAL TECHNOLOGY OPERATIONS LLC

PER CURIAM.

ORDER

Before the court is a joint motion by Appellants LKQ Corporation and Keystone Automotive Industries, Inc. (“LKQ”) and Appellee GM Global Technology Operations LLC (“GM”) (collectively, the “Parties”). Dkt. 86. The Par- ties jointly requested that in light of LKQ Corp. v. GM Global Technology Operations LLC, 102 F.4th 1280 (Fed. Cir. 2024) (“En Banc Decision”), we resolve LKQ’s pending request for rehearing en banc, Dkt. 50 (Mar. 23, 2023), by: (1) vacating Dkt. 45 (Jan. 20, 2023) (“Panel De- cision”) as to the Patent Trial and Appeal Board’s non-ob- viousness determination in the appealed Final Written Decision, PGR2020-00055, Dkt. 33 (Oct. 8, 2021) (“FWD”); (2) vacating the Board’s non-obviousness determination in the FWD; (3) affirming, consistent with the Panel Decision, the Board’s finding of no anticipation; and (4) remanding to the Board for further proceedings consistent with this court’s En Banc Decision. Dkt. 86 at 1.

Upon consideration thereof, IT IS ORDERED THAT: (1) The Parties’ joint motion to vacate in part and re- mand (Dkt. 86) is granted as follows;

(2) The Panel Decision (Dkt. 45) affirming the Board’s FWD is vacated with respect to the panel’s affirmance of the Board’s holding of non-obviousness under the Rosen- Durling test;

(3) The Board’s finding of no anticipation in the FWD is affirmed; (4) The Board’s non-obviousness determination in the FWD is vacated;

(5) The case is remanded to the Board for further pro- ceedings consistent with this court’s En Banc Decision; and Case: 22-1253 Document: 87 Page: 3 Filed: 08/23/2024 LKQ CORPORATION v. 3 GM GLOBAL TECHNOLOGY OPERATIONS LLC

(6) The pending request for rehearing en banc (Dkt. 50) is denied as moot.

FOR THE COURT August 23, 2024

Date ISSUED AS A MANDATE: August 23, 2024.