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En Banc Federal Circuit Questions Standard for Design Patent Obviousness

JD Supra Law

Changes to design patent validity law may be coming thanks to LKQ v. 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. GM, a case that we’ve been tracking since April 2021.

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LKQ En Banc Argument Suggests CAFC Could Soften Test for Design Patent Obviousness

IP Watchdog

An en banc panel of the U.S. government and GM Global Technology Operations in a case that could change the test for assessing design patent obviousness. The so-called Rosen-Durling test for design patent obviousness requires that, first, under In re Rosen (C.C.P.A., Next, under Durling v.

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Amici Speak Up in En Banc Challenge at CAFC to Rosen-Durling Framework for Design Patent Obviousness

IP Watchdog

Court of Appeals for the Federal Circuit (CAFC) in a rare en banc review of the court’s January, 2023, decision in LKQ Corporation v. That decision affirmed a Patent Trial and Appeal Board (PTAB) ruling that LKQ failed to show by a preponderance of the evidence that GM’s design patent was anticipated or would have been obvious.

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LKQ Corporation v. GM Global Tech: Design Patent En Banc

Patently-O

by Dennis Crouch On Monday, February 5, 2024, the Federal Circuit will sit together for the first time in years to hear an en banc patent case. GM Global Technology Operations LLC , the court will consider whether to apply a more stringent obviousness test to design patents. Teleflex also applies to design patents.

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Uncertainty Ahead if Design Patent Obviousness Test is Abrogated by en banc CAFC

JD Supra Law

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 Supreme Court’s 2007 decision in KSR v. Teleflex, 550 U.S. 398 (2007). In the case, captioned LKQ Corp.

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En Banc Denied in In re Cellect: Double Patenting and Patent Term Adjustment

Patently-O

by Dennis Crouch The Federal Circuit has denied Cellect’s en banc petition on the interplay between obviousness-type-double-patenting and patent-term-adjustment. The situation here is creating some strategic challenges for patentees with large patent families.

Patent 49
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Uncertainty Ahead if Design Patent Obviousness Test is Abrogated by en banc CAFC

LexBlog IP

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 Supreme Court’s 2007 decision in KSR v. Teleflex , 550 U.S. 398 (2007). 2d at 391 ). .’”