“[O]ur elimination of the rigid Rosen-Durling test is compelled by both the statute and Supreme Court precedent.” – CAFC opinion But in June 2023, the court granted an increasingly rare en banc review ...
“After the per curium panel opinion in LKQ, obviousness for design patents continues with business as usual. But change may be on the horizon.” Such a change could have a significant impact on ...
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A small Cleveland-based software company has won the right to a wide-ranging patent that covers online testing, in a move that could have broad ramifications for Internet testing businesses. But ...
In May, the Federal Circuit issued its decision in 'LKQ v. GM Global Technology Operations', which marks a significant shift away from the prior and more rigid 'Rosen-Durling test', toward a more ...
An en banc panel of the Federal Circuit will soon decide whether to amend its long-standing framework for assessing design patent obviousness, known as the 'Rosen-Durling' test. The forthcoming ...
The Federal Circuit last month threw out the established test for design patent infringement in the US in what many are heralding as a long overdue shift in the design patent landscape Last month's ...
General Motors Co. GM has experienced a setback in its legal battle against aftermarket auto parts provider LKQ Corp. LKQ regarding fender designs. The U.S. Court of Appeals for the Federal Circuit ...
The definiteness requirement of Section 112(b) of the Patent Act mandates that claims "particularly point[] out and distinctly claim[] the subject matter which the inventor or a joint inventor regards ...
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