In a landmark decision, the US Court of Appeals for the Federal Circuit has overruled the longstanding test for assessing whether a design patent is considered obvious in view of prior art. This ...

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 ...

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 ...