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In LKQ Corp. vs. GM, the U.S. Court of Appeals for the Federal Circuit (CAFC), sitting en banc, overruled the long-standing Rosen-Durling test used to assess non-obviousness...
The United States Court of Appeals for the Federal Circuit has overhauled the standards for assessing the invalidity of design patents based on obviousness under 35 U.S.C. § 103.
This week, the full Federal Circuit overruled its decades-old test for deciding whether a design patent is invalid as obvious. LKQ Corp. v. GM Glob. Tech. Operations LLC, No. 2021-2348, 2024 WL 2280728...
LKQ Corporation and Keystone Automotive Industries, Inc. (collectively "LKQ") filed a petition for inter partes review (IPR) to challenge the validity of GM Global Technology Operations LLC's ("GM")...
The law for design patent obviousness may change in the upcoming months when a decision is issued from the Federal Circuit Court of Appeals from the February 2024 en banc rehearing...