News & Analysis as of

Inter Partes Review (IPR) Proceeding Utility Patents Obviousness

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2024 Design Patents Year in Review: Analysis & Trends - Design Patents at the PTAB: 2024 in Review

Inter partes activity involving design patents at the Patent Trial and Appeal Board (PTAB) was relatively low in 2024. The PTAB rendered just two inter partes decisions involving design patents: Next Step Group, Inc. v....more

Irwin IP LLP

After 40 Years, a Fundamental Change to Design Patent Law 

Irwin IP LLP on

LKQ Corp.1 v. GM Global Tech. Operations LLC, No. 21-2348 (Fed. Cir. May 21, 2024) - On May 21, 2024, the Federal Circuit overruled its long-standing Rosen-Durling obviousness test for design patents and replaced it with...more

Fenwick & West LLP

En Banc Federal Circuit Overrules Longstanding Test for Design Patent Obviousness

Fenwick & West LLP on

On Tuesday, the en banc Federal Circuit released its highly anticipated decision in LKQ v. GM Global Technology Operations LLC, rejecting as “improperly rigid” the previous standard for evaluating whether a design patent is...more

Fox Rothschild LLP

Federal Circuit Revamps Obviousness Test for Design Patents

Fox Rothschild LLP on

In a recent en banc panel decision, the U.S. Court of Appeals for the Federal Circuit overruled a decades-old test for obviousness of design patents. Reasoning that the old test was “improperly rigid,” the Federal Circuit...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - July 2023

Medytox, Inc. v. Galderma S.A., Appeal No. 2022-1165 (Fed. Cir. June 27, 2023) In this week’s Case of the Week, the Federal Circuit upheld an application by the Patent Trial and Appeal Board of its Pilot Program...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit to Sit En Banc to Hear LKQ v. GM Case on Obviousness for Design Patents

For the first time in over five years, the US Court of Appeals for the Federal Circuit will be hearing a patent case en banc. The Court has agreed to hear LKQ Corporation v. GM Global Technology Operations LLC, which...more

Jones Day

The PTAB Chats Designs: And Now, for Something Completely Different

Jones Day on

On February 1, the PTAB held its first “Boardside Chat” of 2018, which featured three judges discussing appeals and AIA trial proceedings for design patents. Not only are such proceedings less common for design patents than...more

Knobbe Martens

Can Skechers Get a Second Bite at the IPR Apple?

Knobbe Martens on

On January 5, 2017, Skechers U.S.A., Inc. filed a petition with the Patent Trial and Appeal Board to institute an Inter Partes Review (IPR2017-00607) (“current IPR petition”) of two design patents owned by Nike, Inc.:...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Design Patent Case Digest: Medtronic, Inc. v. NuVasive, Inc.

Decision Date: March 21, 2014 - Court: Patent Trial and Appeal Board - Patents: D652,922 - Holding: Petition to Institute Inter Partes Review DENIED - Opinion: Medtronic, Inc. filed a petition...more

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