PTAB Issues First Post-LKQ Design Patent Decision, PTAB Litigation Blog
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On August 6, 2024, the PTAB issued its first written decision applying a new test for obviousness of design patents. In Next Step Group, Inc. v. Deckers Outdoor Corp., IPR2024-00525, Paper 16 (P.T.A.B. Aug. 6, 2024) (“Decision”), the PTAB applied the test pronounced by the Federal Circuit in LKQ Corp. v. GM Glob. Tech. Operations LLC, 102 F.4th 1280 (Fed. Cir. 2024) (“LKQ”). This decision illustrates how the PTAB, courts, and administrative agencies are likely to interpret the Federal Circuit’s latest guidance for design patents.
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