In today’s competitive market, the visual appeal and unique ornamental design of a product can be as crucial to its success as its name or functionality. Protecting the distinctive look and feel of ...

Before LKQ, the longstanding Rosen-Durling test required that the primary reference in a design patent obviousness analysis be “basically the same” as the challenged design patent claim, and any ...

“[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 ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

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 ...

CLAIM: A COVID-19 test patent application is dated 2020 but was actually filed in 2015. THE FACTS: The patent application, for a system to determine if someone has a viral infection such as COVID-19, ...