JD Supra Law

MAY 28, 2024

This week, the full Federal Circuit overruled its decades-old test for deciding whether a design patent is invalid as obvious. 2021-2348, 2024 WL 2280728 (Fed. May 21, 2024). Operations LLC, No. The en banc court held that the “Rosen-Durling” test was “improperly rigid” and that the Graham v.

Design Patent 66

Design Patent Designs Design Patent 66

JD Supra Law

JULY 10, 2024

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.

Design Patent 61

Design Patent Designs Design Patent 61

JD Supra Law

MAY 24, 2024

The Federal Circuit has overruled the long-standing Rosen-Durling test used to evaluate obviousness of design patents. May 21, 2024). GM Global Tech. 2021-2348 (Fed.

Design Patent 63

Design Patent Designs Design Patent 63

JD Supra Law

MAY 24, 2024

On May 21, 2024, the U.S. Court of Appeals for the Federal Circuit, sitting en banc, overruled its longstanding test used to assess the obviousness of design patents. By: Lathrop GPM

Design Patent 63

Design Patent Designs Design Patent 63

JD Supra Law

MAY 22, 2024

The law for design patent obviousness may change in the upcoming months when a decision is issued from the Federal Circuit Court of Appeals from the February 2024 en banc rehearing of LKQ Corp. With the use of AI-assisted searching, design patent examiners appear to be issuing more obviousness rejections.

Design Patent 63

Design Patent Designs Design Patent 63

JD Supra Law

MAY 24, 2024

The en banc Federal Circuit has overruled the Rosen-Durling test for design patent obviousness, holding that the Supreme Court’s KSR decision dictated “a more flexible approach. May 21, 2024). for determining non-obviousness.” 4th —, slip op. By: Jones Day

Design Patent 61

Design Patent Designs Design Patent 61

JD Supra Law

MAY 30, 2024

On May 21, 2024, the U.S. Court of Appeals for the Federal Circuit, sitting en banc, overruled more than 40 years of precedent defining the design patent obviousness standard. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

Design Patent 71

Design Patent Designs Design Patent 71

JD Supra Law

MAY 23, 2024

On May 21, 2024, the Federal Circuit overruled the longstanding Rosen-Durling test for evaluating the obviousness of design patents. May 21, 2024) (en banc). GM Global Tech. Operations LLC, No. 21-2348, slip op. at 15 (Fed. By: Bodman

Design Patent 61

Design Patent Designs Design Patent 61

JD Supra Law

DECEMBER 7, 2023

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.

Design Patent 63

Design Patent Designs Design Patent 63

JD Supra Law

FEBRUARY 13, 2024

Changes to design patent validity law may be coming thanks to LKQ v. On February 5, 2024, in a rare en banc hearing, the Court of Appeals for the Federal Circuit asked tough questions on the foundations of the standard for design patent obviousness under Rosen/Durling.

Design Patent 66

Design Patent Designs Design Patent 66

JD Supra Law

JUNE 20, 2024

Those following this blog knew change was coming to design patent obviousness in the LKQ v. GM decision by the en banc Federal Circuit.

Design Patent 58

Design Patent Designs Design Patent 58

CoCal IP Law Institute

JUNE 7, 2024

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 (..)

Design Patent 52

Design Patent Designs Design Patent 52

LexBlog IP

DECEMBER 6, 2023

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.

Design Patent 52

Design Patent Designs Design Graphic Design 52

JD Supra Law

MAY 23, 2024

May 21, 2024). Operations LLC, No. 2021-2348 (Fed. By: Orrick, Herrington & Sutcliffe LLP

Design Patent 63

Design Patent Designs Design Patent 63

Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. 21, 2024) (question paraphrased). Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. Patent D657,093.

Design Patent 67

Design Patent Art Designs Design 67

Patently-O

FEBRUARY 4, 2024

by Dennis Crouch On Monday, February 5, 2024, the Federal Circuit will sit together for the first time in years to hear an en banc patent case. GM Global Technology Operations LLC , the court will consider whether to apply a more stringent obviousness test to design patents. Teleflex also applies to design patents.

Design Patent 51

Design Patent Designs Design Patent 51

JD Supra Law

JANUARY 19, 2024

Gajewski, and Ivy Clarice Estoesta will present the webinar "2023 Design Patents Year in Review: Analysis and Trends" on Tuesday, January 30, 2024 at 1:00 p.m. EST. Attendees will receive an advance copy of our Design Patents Year in Review report via email after the webinar concludes. Durkin, Deirdre M.

Design Patent 63

Design Patent Designs Design Copying 63

JD Supra Law

JANUARY 4, 2024

What should in-house counsel be on the lookout for in 2024? As we begin a new year, our attorneys look ahead at intellectual property topics they expect will be trending in 2024. They cover areas including life sciences, litigation, post-grant proceedings, artificial intelligence, design patents, and trademarks.

Intellectual Property 123

Intellectual Property Design Patent Litigation Designs 123

IP Watchdog

JANUARY 5, 2024

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.

Designs 62

Designs Design Design Patent Patent 62

JD Supra Law

MAY 29, 2024

May 21, 2024) - In a rare en banc opinion, the Federal Circuit overruled decades of prior precedent concerning the standard to evaluate the obviousness of design patents. The Court created a new standard relying on principles adapted from utility patent jurisprudence. GM Global Technology Operations LLC, Appeal No.

Design Patent 71

Design Patent Designs Design Technology 71

LexBlog IP

AUGUST 24, 2023

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]

Design Patent 52

Design Patent Designs Design Patent 52

JD Supra Law

FEBRUARY 14, 2024

design patents. They both are part of ongoing sagas—one that has been pending for a decade and one that will be heard en banc in February 2024. In 2023, the Court of Appeals for the Federal Circuit issued three opinions regarding U.S. The three 2023 opinions are Columbia Sportswear North America, Inc. LKQ Corporation v.

Design Patent 66

Design Patent Designs Design Patent 66

JD Supra Law

MAY 14, 2024

A range of recent design cases were discussed, such as Columbia Sportswear North America v. Seirus Innovative Accessories—which narrowed the scope of the Egyptian Goddess test and indicated that logos may be considered in an assessment of a design—and LKQ Corp. By: Quarles & Brady LLP

Designs 58

Designs Design Design Patent Technology 58

JD Supra Law

APRIL 16, 2024

12, 2024) - In this week’s Case of the Week, the Federal Circuit affirmed the district court’s bench trial decision that unclean hands barred patentee Eazy-PZ LLC (“EZPZ”) from seeking relief, and also addressed issues concerning inequitable conduct, patent invalidity, and attorneys’ fees and costs under 35 U.S.C. § Design Patent No.

Design Patent 63

Design Patent Designs Design Patent 63

IP Watchdog

FEBRUARY 19, 2024

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.

Designs 57

Designs Design Design Patent Patent 57

IP Watchdog

JUNE 26, 2024

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__,

Design Patent 57

Design Patent Designs Design Patent 57

IP Law 360

JANUARY 1, 2024

A rare patent case taken up by the full Federal Circuit that has the potential to weaken design patents, and U.S. Supreme Court challenges to the Patent Trial and Appeal Board's authority are among the patent cases attorneys will be tracking this year.

Patent 40

Patent Design Patent Designs Design 40

The TTABlog

MARCH 5, 2024

Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." 90518181 (February 27, 2024) [not precedential] (Opinion by Judge Christopher C.

Design Patent 67

Design Patent Designs Design Trademark 67

Canadian Intellectual Property Blog

AUGUST 23, 2023

The Canadian Intellectual Property Office (“CIPO”) has announced that effective January 1, 2024, most official fees will be increasing by 25%. On the patent side, the increase in the fees will be applicable to standard entity size. Thus, small entity patent applicants will only experience CIPO’s regular annual fee increase in 2024.

Intellectual Property 52

Intellectual Property Patent Application Intellectual Property Law Designs 52

Patently-O

JUNE 3, 2024

Talk about LKQ : I’m looking forward to joining Prof Sarah Burstein and others on Tuesday June 4 for an online panel discussion on the potential aftermath of the Federal Circuit’s major en banc design patent obviousness decision in LKQ v. Noon Eastern Time, June 4, 2024.

Design Patent 48

Design Patent Designs Design Law 48

Patently-O

JANUARY 22, 2024

Feb 6 12noon EST – Debating Design Patent Obviousness – Streaming via Suffolk – Free Event ( REGISTER HERE ) : The Federal Circuit has not held an en banc rehearing in a patent case since before COVID. The first one (and only one on the docket) is the important design patent obviousness case of LKQ v.

Design Patent 62

Design Patent Government Designs Design 62

LexBlog IP

JANUARY 5, 2024

Regeneron seeks a PI schedule to “ensure an orderly process that will result in resolution of its forthcoming motion for PI before May 17, 2024,” when its regulatory exclusivity period ends. A status conference took place today January 5, 2024 in relation to Regeneron’s emergency motion. Patent Nos. Patent Nos.

Litigation 52

Litigation Design Patent Designs Design 52

Technology & Marketing Law Blog

JANUARY 21, 2024

My SAD Scheme paper provided some data indicating that 88% of SAD Scheme cases involved trademarks, with only 6% each in copyright and patents. YouTube Uploaders Listed on Schedule A , 2024 WL 189013 (N.D. 17, 2024) * * * Bonus 1: The court issued a related ruling, Viral DRM LLC v. Onyshchuk , 2024 WL 189011 (N.D.

Copyright 78

Copyright Design Patent Trademark Designs 78

Patently-O

APRIL 3, 2024

by Dennis Crouch The United States Patent and Trademark Office (USPTO) recently proposed a new fee structure for fiscal year 2025 , which includes significant increases in various patent fees. This fits with the ongoing trend that a patent should be of a particular size. It is unclear how this proposal benefits the USPTO.

Patent Prosecution 51

Patent Prosecution Design Patent Designs Design 51

Patently-O

JUNE 2, 2024

2024) (en banc). While the Federal Circuit overruled the Rosen requirement that a primary reference look “basically the same” as the claimed design, the court did not overrule the requirement that there be a primary reference. We feel constrained to disagree with the concurring conclusions reached by the tribunals of the Patent Office.

Art 44

Art Designs Design Design Patent 44

Patently-O

JUNE 12, 2024

by Dennis Crouch The Federal Circuit recently decided the en banc design patent case of LKQ v. GM, but the court has not issued an en banc decision in a utility patent case since 2018. Note: I was involved in litigating patents from this patent family when owned by the predecessor-in-interest. Brumfield v.

Art 51

Art Litigation Design Patent Patent 51

Patently-O

NOVEMBER 15, 2023

by Dennis Crouch The USPTO is officially establishing a separate design patent practitioner bar with its final rule published on November 16, 2023 and effective January 2, 2024. Currently, a single patent bar governs registration for anyone seeking to practice before the USPTO in utility, plant, and design patent matters.

Design Patent 109

Design Patent Designs Design Graphic Design 109