LKQ v. GM: PTAB and Examiner Guidance on Design Patent Obviousness from USPTO, PTAB Litigation Blog
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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 test that required the primary reference must be “basically the same” as the challenged design, and any secondary references be “so related” that “features in one would suggest application of those features to the other.”
* Erin Bries, a summer associate in Jones Day’s Cleveland Office assisted in the preparation of this blog.
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