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Supreme Court of the United States En Banc Review Design Patent

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Haug Partners LLP

A New Era for Design Patent Claims: Federal Circuit Overrules Rosen-Durling Test in LKQ Corp. v. GM Glob. Tech Operations LLC

Haug Partners LLP on

In LKQ Corp. v. GM Global Tech Operations LLC, the United States Court of Appeals for the Federal Circuit, sitting en banc, overruled the Rosen-Durling test for assessing obviousness of design patents.The now-outdated...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - May 2024 #4

LKQ Corporation v. GM Global Technology Operations LLC, Appeal No. 2021-2348 (Fed. Cir. May 21, 2024) - In a rare en banc opinion, the Federal Circuit overruled decades of prior precedent concerning the standard to...more

AEON Law

Patent Poetry: Will Federal Circuit Soften Test for Design Patent Obviousness?

AEON Law on

An en banc panel of the Federal Circuit recently heard arguments in a case that could change how courts assess design patents for “obviousness.” LKQ Corporation and GM Global Technology Operations LLC are engaged in a...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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