by John Evans, Ph.D. | Jul 31, 2025 | Design Patents
By John Evans and Tanvi Kumar* – We have covered the LKQ v. GM design patent disputes from the PTAB decision through appeal and en banc rehearing. And now we report on yet another chapter in the saga between these parties. Background. LKQ and GM took an...
by John Evans, Ph.D. | Sep 27, 2024 | Design Patents, Prior Art Issues, PTAB News
By Connor Scholes and John Evans – On August 6, 2024, the PTAB issued its first written decision applying a new test for obviousness of design patents. In Next Step Group, Inc. v. Deckers Outdoor Corp., IPR2024-00525, Paper 16 (P.T.A.B. Aug. 6, 2024)...
by John Evans, Ph.D. | Sep 18, 2024 | Design Patents, Prior Art Issues
By Connor Scholes and John Evans – In a recent decision, the PTAB determined that images of products offered for sale via online retailers, such as Amazon, did not alone qualify as printed publications—even if the images showed the product and the date it was...
by Matthew Johnson | Jun 19, 2024 | Design Patents, Federal Circuit Appeal, Prior Art Issues
By John Evans, Jesse Wynn, and Erin Bies* – Those following this blog knew change was coming to design patent obviousness in the LKQ v. GM decision by the en banc Federal Circuit. In its May 21, 2024 decision, the court overruled the long-standing Rosen-Durling...
by John Evans, Ph.D. | May 23, 2024 | Design Patents, Federal Circuit Appeal, PTAB News
By John Evans and Jesse Wynn – The en banc Federal Circuit has overruled the Rosen-Durling test for design patent obviousness, holding that the Supreme Court’s KSR decision dictated “a more flexible approach . . . for determining non-obviousness.” LKQ v. GM,...
by John Evans, Ph.D. | Feb 12, 2024 | Design Patents, Federal Circuit
By Jesse Wynn and John Evans – Changes to design patent validity law may be coming thanks to LKQ v. GM, a case that we’ve been tracking since April 2021. On February 5, 2024, in a rare en banc hearing, the Court of Appeals for the Federal Circuit asked tough...
