News & Analysis as of

Utility Patents Obviousness Intellectual Property Protection

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

Rothwell, Figg, Ernst & Manbeck, P.C.

Reviewing 2024's Crucial Patent Law Developments

As 2024 draws to a close, several crucial developments — some aimed at modernizing long-standing legal practices, others addressing emerging challenges — have reached patent law. Originally published in Law360 - December...more

Strafford

[Webinar] Design Patents Post-LKQ v. GM: Navigating New Obviousness Test for Design Patents - July 10th, 1:00 pm - 2:30 pm EDT

Strafford on

This CLE webinar will guide patent counsel on the Federal Circuit's recent decision in LKQ Corp. v. GM Global Technology Operations L.L.C. (May 21, 2024) and its implications for design patents. The panel will discuss the new...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

Lathrop GPM

Federal Circuit Overrules Decades-Old Test for Design Patent Obviousness

Lathrop GPM on

On May 21, 2024, the U.S. Court of Appeals for the Federal Circuit, sitting en banc, overruled its longstanding test used to assess the obviousness of design patents....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

Williams Mullen

Patent Litigation Update 2024

Williams Mullen on

While the number of filed patent cases is down, it is still the most prevalent type of IP claim. In 2023, there were 3,111 patent cases filed, following a downward trend since 2021, with the Western District of Texas still...more

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

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition): LKQ Corp. v. GM Global Tech. Operations LLC, 2023 WL...

LKQ filed an inter partes review challenging GM’s auto fender design patent. LKQ was once a licensed repair part vendor for GM. But, after renewal negotiations fell through in early 2022, GM informed LKQ that the parts LKQ...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

Polsinelli

Design Patent Holders Rejoice, but Challengers Face an Uphill Battle

Polsinelli on

Design patent holders can rejoice, for now, as the Federal Circuit reinforces its stance on the invalidity of design patents based on obviousness. On January 20, 2023, the Federal Circuit upheld a decades old rule that...more

Jones Day

No Soup for You! Partial Display Design Patent Found Obvious

Jones Day on

As with utility patents, a patentee can counter obviousness of a patented design by producing objective evidence that the design was non-obvious, like commercial success, copying, etc.  But to be persuasive, a nexus must...more

Smart & Biggar

Rx IP Update - November 2016

Smart & Biggar on

Federal Court of Appeal opines on the framework for analyzing obviousness-type double-patenting - On November 4, 2016, the Federal Court of Appeal dismissed Apotex’s appeal in Apotex Inc v Eli Lilly Canada Inc, 2016 FCA...more

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