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ARTICLE · 28 MAY 2024

Federal Circuit Overrules Rigid Test For Design Patent Obviousness

Thompson Coburn LLP
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The United States Court of Appeals for the Federal Circuit has overhauled the standards for assessing the invalidity of design patents based on obviousness under 35 U.S.C. § 103.

United StatesIntellectual Property
Alan Norman
Alan Norman
Matthew Braunel
Matthew Braunel
Alex Weidner
Alex Weidner
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The United States Court of Appeals for the Federal Circuit has overhauled the standards for assessing the invalidity of design patents based on obviousness under 35 U.S.C. § 103. The case, LKQ Corporation v. GM Global Technology Operations LLC, involved a dispute over the validity of a design patent held by GM for a vehicle's front fender. The court's ruling marks a significant shift away from the long-standing Rosen-Durling test, adopting a more flexible approach in line with Supreme Court precedent in utility patent cases.

Background and Legal Context

The appeal arose from an inter partes review (IPR)1 proceeding initiated by LKQ Corporation and Keystone Automotive Industries, Inc. against GM's U.S. Design Patent No. D797,625 ("the '625 patent"). The '625 patent claims the ornamental design of a front fender shown below:

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