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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
In a recent en banc decision, the Federal Circuit Court of Appeals has overruled its prior test for nonobviousness of design patent inventions, holding that design patents are subject to the same test as utility patents. LKQ...more
On May 21, the Federal Circuit, in an en banc decision of LKQ Corp. v. GM Global Tech. Operations LLC, has overruled the Rosen-Durling test applied in evaluating obviousness of design patents. Instead, the CAFC applied the...more
In a considerable shift in the law, the Federal Circuit has discarded the long-standing test for determining whether a design patent is invalid as obvious, in favor of the more flexible obviousness test historically applied...more
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