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...
by John Evans, Ph.D. | Aug 1, 2023 | Design Patents, PTAB News
By John Evans, Vishal Khatri, and Jesse Wynn – In February, the Federal Circuit declined to modify or overrule its long-standing test for obviousness in design patents, the Rosen-Durling test, despite arguments that the Supreme Court overruled it in KSR v....
by John Evans, Ph.D. | Feb 6, 2023 | Design Patents, PTAB News
By John Evans and Jesse Wynn – A recent post flagged LKQ v. GM as a potential watershed moment in design patent validity law, calling into question whether In re Rosen, long-standing obviousness precedent, comports with the Supreme Court’s decision in KSR. Rosen...
by John Evans, Ph.D. | Jan 12, 2023 | Design Patents, Federal Circuit Appeal
By John Evans and Josh Gold-Quiros – Big changes to design patent invalidity law may be coming. A pending IPR appeal challenges the Federal Circuit’s 40-year-old obviousness formula as inconsistent with the Supreme Court’s rejection of “a rigid rule that limits...
