News & Analysis as of

Obviousness CAFC Intellectual Property Protection

Quarles & Brady LLP

R.I.P. Mr. Rosen: Federal Circuit Upends Longstanding Design Patent Obviousness Test

Quarles & Brady LLP on

Upending decades of continuity in the world of design patents, the United States Court of Appeals for the Federal Circuit (“CAFC”), sitting en banc in LKQ Corporation v. GM Global Technology Operations LLC, overturned the...more

Quarles & Brady LLP

Design Patent Obviousness Inquiry Is Up for Review at the CAFC

Quarles & Brady LLP on

As we have previously written about, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) has granted a petition for an en banc rehearing of LKQ Corp. et al v. GM Global Technology to rule on the...more

Irwin IP LLP

Obviousness-Type Double Patenting is Alive and Well 

Irwin IP LLP on

In a recent decision, the Court of Appeals for the Federal Circuit (“CAFC”) resolved district court splits regarding obviousness-type double patenting (“ODP”) by holding that ODP is still a valid challenge to patent validity...more

Quarles & Brady LLP

Uncertainty Ahead if Design Patent Obviousness Test is Abrogated by en banc CAFC

Quarles & Brady LLP on

In a surprising move, the Court of Appeals for the Federal Circuit (“CAFC”) has granted a petition for rehearing en banc on the issue of whether the test for determining obviousness of design patents has been overruled by the...more

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