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Eye on IPRs, June 2024: What’s Next for the Design Patent Obviousness Test; Federal Circuit Ruling on Printed Matter

JD Supra Law

Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: Design Patent Obviousness Test Thrown Out - The U.S. By: Erise IP

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New USPTO Design Patent “Bar” to be Created in 2024

LexBlog IP

The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to practice before the USPTO in the limited capacity of design patent application proceedings.

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Federal Circuit Dismantles “Rigid” Rosen-Durling Test for Design Patent Obviousness in light of KSR; USPTO Promptly Issues New Guidance

CoCal IP Law Institute

Federal Circuit Dismantles “Rigid” Rosen-Durling Test for Design Patent Obviousness in light of KSR; USPTO Promptly Issues New Guidance On February 5, 2024, the Federal Circuit sat en banc to hear oral arguments in a closely watched case concerning design patent obviousness standards in a dispute between LKQ (an aftermarket auto-parts provider), and (..)

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Other Barks and Bites, January 5, 2024: USPTO Leadership Changes, Electronic Correction Certificates, Design Patent Bar Open for Applicants

IP Watchdog

In other barks and bites for the first week of 2024, there were several updates from the U.S. Patent and Trademark Office, including recent leadership moves, a U.S.

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Federal Circuit to Decide Whether KSR Applies to Design Patents

LexBlog IP

1] LKQ, an auto parts repair vendor for GM, successfully petitioned for inter partes review of GM’s design patent for a front fender design, [2] arguing it was anticipated by a prior art reference (Lain) and obvious over Lian alone or in combination with a brochure for the 2010 Hyundai Tucson. Operations LLC. [1]

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‘Where Are the Designers on This?’: Some Post-Argument Thoughts on LKQ v. GM

IP Watchdog

On February 5, 2024, the U.S. Court of Appeals for the Federal Circuit (CAFC) held its en banc oral argument to reconsider the obviousness test for design patents. Overall, the many judges’ questions indicated a hesitancy to change the current law, as they expressed concern with positions advanced by the patent challenger.

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Rader’s Ruminations: LKQ, An Utterly Failed En Banc ‘Clarification’

IP Watchdog

Court of Appeals for the Federal Circuit undertook to clarify the obviousness standards for design patents. 2021-2348, 2024 WL 2280728 (Fed. May 21, 2024). A few weeks ago, the U.S. Operations LLC, __ F.4th__,