En Banc Federal Circuit Questions Standard for Design Patent Obviousness, PTAB Litigation Blog
Visit the PTAB Litigation Blog
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 questions on the foundations of the standard for design patent obviousness under Rosen/Durling. Though the questions were wide-ranging, the overall takeaway from the full court’s questioning indicates discomfort with Rosen/Durling and signals that the existing standard is too rigid under Supreme Court precedent. Here are some of the highlights from the argument:
Insights by Jones Day should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request permission to reprint or reuse any of our Insights, please use our “Contact Us” form, which can be found on our website at www.jonesday.com. This Insight is not intended to create, and neither publication nor receipt of it constitutes, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.
