JD Supra Law

MARCH 5, 2024

An en banc panel of the Federal Circuit recently heard arguments in a case that could change how courts assess design patents for “obviousness.” LKQ Corporation and GM Global Technology Operations LLC are engaged in a dispute over GM’s design patent for a vehicle fender. By: AEON Law

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JD Supra Law

MAY 9, 2024

GM Global Technology Operations LLC - As an initial disclaimer, Irwin IP LLP is privileged to be lead counsel for LKQ Corporation and Keystone Automotive Industries, Inc. collectively, “LKQ”) in several design patent infringement matters, including this case against GM Global Technology Operations and by extension General Motors Co.

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JD Supra Law

MAY 8, 2024

GM Global Technology Operations LLC - As an initial disclaimer, Irwin IP LLP is privileged to be lead counsel for LKQ Corporation and Keystone Automotive Industries, Inc. collectively, “LKQ”) in several design patent validity disputes, including this case against GM Global Technology Operations and by extension General Motors Co.

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IP Watchdog

JUNE 30, 2023

GM Global Technology Operations, which 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. Patent D855,508 covers a “vehicle front skid bar.”

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JD Supra Law

FEBRUARY 12, 2024

There were patent- and case-dispositive design patent decisions across a range of venues and at a range of case postures, including claim construction rulings, summary judgment decisions, and even multiple jury trials. Ltd, North Star Technology v. Techtronic Industries Co., Latham Pool Products, Inc.,

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The IP Law Blog

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. To be patentable, however, both designs and functional inventions must satisfy two requirements. unique and different).

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IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. D1,000,000 claims the ornamental design for a dispensing comb. This milestone comes during a particularly prolific period for design patents.

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IP Watchdog

FEBRUARY 5, 2024

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., An en banc panel of the U.S. Next, under Durling v. Spectrum Furniture Co.,

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IP Watchdog

MAY 21, 2024

The decision also said the Supreme Court’s precedent in KSR v.

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JD Supra Law

FEBRUARY 5, 2024

GM Global Technology to rule on the issue of whether the current test for determining obviousness of design patents, i.e., the Rosen/Durling Standard, is proper in view of the Supreme Court’s 2007 decision in KSR v. Teleflex, 550 U.S. 398 (2007), which significantly broadened the obviousness inquiry for utility.

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IP Watchdog

JULY 18, 2023

The concerns voiced by witnesses and congress members today centered around harm and cost to consumers as a result of technological protection measures (TPMs) and increased use of IP tools such as design patents to thwart competition for after-market parts.

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Patently-O

FEBRUARY 4, 2024

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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IP Watchdog

OCTOBER 30, 2023

Late last week, more than half a dozen amicus briefs were filed in support of GM Global Technology Operations in a case that is set to potentially shake up design patent law. The latest briefs generally urged the en banc U.S.

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IP Watchdog

AUGUST 30, 2023

GM Global Technology Operations. 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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IP Close Up

FEBRUARY 22, 2023

design patents are now being taken more seriously. Once an afterthought for IP rights filers, U.S. Several businesses that are based outside of the U.S. increased Continue reading

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JD Supra Law

FEBRUARY 9, 2023

Addressing the standard for obviousness of design patents, the US Court of Appeals for the Federal Circuit, in a per curiam opinion, upheld the Patent Trial & Appeal Board’s finding that a challenged design patent was not obvious over the pre-KSR design patent obviousness test or anticipated.

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JD Supra Law

JULY 14, 2023

Teleflex on design patents. GM Global Technology Operations, Case No. The Federal Circuit withdrew its earlier panel decision addressing KSR’s application to design patents. LKQ Corporation v. 21-2348 (Fed. June 30, 2023) (per curiam). By: McDermott Will & Emery

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LexBlog IP

JUNE 18, 2023

Patent Practice: Creation of a Design Patent Practitioner Bar by John DeStefano The United States Patent and Trademark Office (USPTO) has proposed a significant change to the rules of practice in patent cases. Enable more underrepresented groups to practice design patent law. Proposed Changes to U.S.

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LexBlog IP

FEBRUARY 2, 2024

GM Global Technology to rule on the issue of whether the current test for determining obviousness of design patents, i.e., the Rosen/Durling Standard, is proper in view of the Supreme Court’s 2007 decision in KSR v. Teleflex , 550 U.S. Hunter Mfg., 3d 1326, 1334 (Fed. In contrast to the Rosen/Durling Standard, the U.S.

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Design Patent Designs Design Patent 52

LexBlog IP

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. To be patentable, however, both designs and functional inventions must satisfy two requirements. unique and different).

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Design Patent Designs Design Patent 52

JD Supra Law

FEBRUARY 14, 2024

design patents. GM Global Technology Operations LLC, and Blue Gentian, LLC v. In 2023, the Court of Appeals for the Federal Circuit issued three opinions regarding U.S. The three 2023 opinions are Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc., LKQ Corporation v. Tristar Products, Inc.

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IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Article 2.4 Section 4.4.2

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LexBlog IP

FEBRUARY 14, 2023

Utility patents are for functional inventions. Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the outside of common consumer products. What’s more common than the written word?

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Patently-O

APRIL 27, 2022

Last week, at Design Day 2022, the USPTO announced that it had completed its summary of those comments. In the request for comments, the USPTO floated the idea of issuing design patents for what they are now calling “designs for projections, holograms, and virtual and augmented reality (PHVAR).”

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JD Supra Law

JULY 13, 2023

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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LexBlog IP

JULY 13, 2023

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 ). .’”

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JD Supra Law

JULY 21, 2023

GM Global Technology Operations, LLC, Case No. LKQ Corporation, Keystone Automotive Industries, Inc. 21-2348 (U.S. By: Womble Bond Dickinson

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JD Supra Law

DECEMBER 11, 2023

The US Patent and Trademark Office (USPTO) has published a notice with supplemental guidance for its staff members examining design patent claims that include computer-generated images. By: AEON Law

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LexBlog IP

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Article 2.4 Section 4.4.2

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JD Supra Law

MAY 19, 2023

Just like utility patents, design patents can be found obvious under 35 U.S.C. § But the test for obviousness for design patents differs from the more familiar standards for utility patents. 103 by combining prior art references. By: Troutman Pepper

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IP Law 360

FEBRUARY 1, 2023

The Justice Department's Antitrust Division, a technology industry group and others have thrown their support behind a proposal to create a separate design patent bar at the U.S. Patent and Trademark Office, while two key intellectual property groups have pushed back on the idea.

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JD Supra Law

JULY 5, 2023

For the first time in over five years, the US Court of Appeals for the Federal Circuit will be hearing a patent case en banc. GM Global Technology Operations LLC, which questions the current standard of non-obviousness that is applied to design patents. The Court has agreed to hear LKQ Corporation v.

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LexBlog IP

JULY 7, 2023

Last week, the Federal Circuit decided to consider, en banc , whether the Supreme Court’s 2007 KSR decision regarding obviousness overruled the Federal Circuit’s decades-old Rosen and Durling tests for design patents, setting in motion a potential lowering of the bar for obviousness. In re Rosen , 673 F.2d 3d 100 (Fed.

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LexBlog IP

OCTOBER 17, 2022

Over a hundred years ago, Congress created “design patents” to offer companies a way to protect the “ornamental” features of products. Design patents strike a fair balance in terms of IP protection versus cost. Design patents strike a fair balance in terms of IP protection versus cost.

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JD Supra Law

MAY 29, 2024

GM Global Technology Operations LLC, Appeal No. May 21, 2024) - In a rare en banc opinion, the Federal Circuit overruled decades of prior precedent concerning the standard to evaluate the obviousness of design patents. The Court created a new standard relying on principles adapted from utility patent jurisprudence.

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LexBlog IP

JUNE 29, 2023

I am excited to announce the publication of the American Intellectual Property Law Association (AIPLA) ’s article on “ IP Aspects of Augmented Reality and Virtual Reality Technologies.” The authors include Barrett Spraggins, David Pointer, George Raynal, and Ryan Phelan.

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Olartemoure Blog

FEBRUARY 14, 2024

Get to know a bit more about these patents that have added a touch of creativity and technology to the season of love. METHOD OF MAKING A HEART-SHAPED DIAMOND US6434805B2 Inventor: Ami Haimoff Assignee: L I D Ltd Date of Patent: Aug. Thank Ami Haimoff for creating and patenting a new way to make heart-shape diamonds.

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