After 40 Years, a Fundamental Change to Design Patent Law 

LKQ Corp.1 v. GM Global Tech. Operations LLC, No. 21-2348 (Fed. Cir. May 21, 2024) – On May 21, 2024, the Federal Circuit overruled its long-standing Rosen-Durling obviousness test for design patents and replaced it with the more flexible four-factor Graham2 test. LKQ filed a petition for inter partes review of GM Global Technology Operations LLC’s U.S. Design Patent D797,625 (the “D’625 Patent”), asserting the D’625 Patent was invalid as obvious under 35 U.S.C. § 103. The Patent Trial and…
By: Irwin IP LLP
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