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Federal Circuit Upends Obviousness Test for Design Patents, Leaving Uncertainty and Potential Opportunity

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On May 21, 2024, the Federal Circuit upended decades of precedent regarding design patents in its decision LKQ Corporation v. GM Global Technology Operations LLC. Sitting en banc, a panel of Federal Circuit judges overturned the Rosen-Durling standard for obviousness for design patents in favor of a more “flexible” approach utilized in utility patent decisions….
By: Sunstein LLP
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