Patent Law Alert- Federal Circuit Landmark Ruling Overhauls the Obviousness Test for Design Patents On May 21, 2024, the full U.S. Court of Appeals for the Federal Circuit (in a proceeding known as an en banc rehearing) issued a decision in LKQ Corp. v. GM Global Technology Operations LLC, No. 2021-2348 (Fed. Cir. 2024). The Federal Circuit overruled earlier cases that dictated the long-standing, rigid two-part test for determining the obviousness of designs in the context of design patents. Instead, it adopted a more flexible four-part test applicable to utility patents. One Circuit Court Judge wrote a concurring opinion arguing that the overruled cases expressed the concepts adopted by the Court majority, albeit with a couple of unnecessarily strong words, and instead should have been modified rather than overruled. Read More: https://lnkd.in/eZAHewgQ #CowanLiebowitz #PatentLaw
Cowan, Liebowitz & Latman, P.C.’s Post
More Relevant Posts
-
In this week's The Patent Lawyer newsletter 📢 Second decision of the Court of Appeal of the UPC on claim construction. On May 13, 2024, the Court of Appeal of the Unified Patent Court (UPC) handed down its second decision dealing with claim construction (CoA_1/2024 / ApL_8/2024). Read the full news article here 👉 https://lnkd.in/gc5gMBeB Written by Stefan Schohe, Founder, SCHOHE, The Patent Lawyer Editorial Board Member. Subscribe to our newsletter to stay up-to-date with all the most pertinent patent stories and news here https://lnkd.in/eNFGimuS Want to write for The Patent Lawyer newsletter? Email [email protected] #patent #lawyer #news #courtofappeal #UPC #unifiedpatentcourt #claimconstruction #decision #IPlaw
-
The U.S. Court of Appeals for the Federal Circuit recently ruled on the long-standing obviousness test for invalidating a design patent in a dispute over automobile fenders. In LKQ Corp. et al. v. GM Global Technology Operations LLC, the Court scrapped the “rigid and mandatory” framework of a previous 1982 ruling, finding that a more recent decision from the Supreme Court has provided a framework that requires a more flexible approach for design patent obviousness analysis. In our latest blog, IP attorney Keith Jones examines the implications of this ruling for patent litigation. #DesignPatent #PatentLitigation #PatentLaw
-
In May of this year, the en banc Federal Circuit decision in LKQ Corporation v. GM Global Technology Operations LLC overruled the longstanding Rosen-Durling test for assessing non-obviousness in design patents, opting instead for a test aligned with Supreme Court jurisprudence, such as KSR v. Teleflex, on the non-obviousness of utility patents. The Rosen-Durling test was a relatively rigid test that controlled what prior art courts considered when analyzing a design patent's non-obviousness. The new test offers courts an expansive and flexible analysis of a design patent's non-obviousness. For example, the new test allows courts to consider a broader range of analogous prior art, instead of limiting the analysis to prior art that is "basically the same" as required under the Rosen-Durling test. Design patent filings have been increasing consistently over the past couple of decades, with, on average, less than five percent receiving rejections for obviousness. This will change, however, as the new test outlined in LKQ will likely make it harder to show non-obviousness in design patents because of the vast amount of prior art that can be considered in the court's analysis. Still, the effects of this decision are yet to be seen and will play out in court decisions over the next couple of years.
-
What is Obvious about a US Design Patent? US Federal Circuit en banc decision in LKQ v. GM Global Tech. Operations widens the divisions between US and European Registered Design practice still further https://lnkd.in/gkc_cSTV #USPTO #Design #Law #RegisteredDesign
-
From Vinson & Elkins: In a considerable shift in the law, the Federal Circuit has discarded the long-standing test for determining whether a design patent is invalid as obvious, in favor of the more flexible obviousness test historically applied to utility patents. While this change creates a universal approach to the obviousness analysis, there are concerns that it also brings uncertainty to the validity of hundreds of thousands of design patents in the United States. #designpatents #intellectualproperty #federalcircuit #patentlitigation
-
Partner and International Trade Commission (ITC) Litigation Practice Chair | Intellectual Property Litigation | Section 337 Investigations | Transformational Leadership
Big Changes in Design Patent Law! The legal landscape shifted dramatically as the Rosen-Durling obviousness test, in use for 40 years, was overruled. In its place stands the more flexible Graham test, aligning with Supreme Court precedent. What does this mean for litigation? Potentially more rejections for design patents at the USPTO and longer trial times favoring defendants. #DesignPatents #PatentLaw #SupremeCourtRuling
-
🌟 Exciting Developments in Design Patent Law 🌟 The Federal Circuit has reshaped the landscape for design patent obviousness with its recent en banc decision in LKQ v. GM. In this landmark ruling, the court overruled the previous Rosen–Durling test, offering a new framework rooted in Supreme Court precedent and aiming for greater consistency. The decision reflects a significant departure from prior rigidities, promoting a more flexible approach. While the shift may initially bring some uncertainty, it ultimately underscores the court's commitment to adaptability and statutory compliance. Read more about this pivotal decision in Marshall Gerstein partner Jeremy Kriegel’s recent post on PTABWatch.com. https://bit.ly/3xpgnA6 #DesignPatents #FederalCircuit #PatentLaw #Innovation
-
Co-Chair Transactions Practice Group @ Foley & Lardner | Scaling Businesses, Protecting Clients
Congratulations to my Foley colleagues, Andrew Gross and Gabriella Salek, for having a version of their article, "Full Federal Circuit Ditches Decades-Old Design Patent Test," republished by Westlaw Today. Click below to read the Westlaw Today article. #Patents #IP #IntellectualProperty
-
Congratulations to my Foley colleagues, Andrew Gross and Gabriella Salek, for having a version of their article, "Full Federal Circuit Ditches Decades-Old Design Patent Test," republished by Westlaw Today. Click below to read the Westlaw Today article. #Patents #IP #IntellectualProperty
-
The Unified Patent Court's Court of Appeal (2nd panel) has affirmed a decision in Dyson's favor and will ignore SharkNinja's arguments based on Dyson's allegedly contradictory claim construction positions in a parallel U.S. proceeding. SharkNinja is appealing a preliminary injunction. ip fray reported on the appealed decision (item 3 of https://lnkd.in/diJj7ftf). SharkNinja's European attorneys argued that there was some delay before they became aware of those U.S. filings, plus they had lots of deadlines (in various proceedings) and at least one of them was temporarily unable to work due to an illness. Dyson argued that those delays are on SharkNinja and don't justify the late presentation of the documents in question. The CoA exercised its discretion to the effect of disregarding those U.S. filings. The hearing will take place next week. The decision says that the U.S. patent in question is a different one, though it acknowledges that the claim language is identical. The CoA will form its own opinion on how to construe the patent-in-suit regardless of Dyson's U.S. pleadings. Panel: Presiding Judge Rian Kalden, Judge-rapporteur Ingeborg Simonsson, Judge Patricia Rombach, Technically Qualified Judge Graham Ashley and Technically Qualified Judge Max Tilmann. Counsel for Dyson: DLA Piper's Dr. Constanze Krenz, David Kless and Dr. Joschua Fiedler. Counsel for SharkNinja: Freshfields's Wolrad Prinz zu Waldeck und Pyrmont, Christopher Stothers , Kilian Seidel and Caroline Horstmann.
