Danger Ahead? Graham and KSR Now Apply to Design Patents

On May 21, 2024, the US Court of Appeals for the Federal Circuit issued an en banc opinion overruling the long-standing Rosen-Durling test for obviousness of design patents in favor of the analytical framework used for utility patents outlined in Graham v. John Deere Co. and KSR Int’l Co. v. Teleflex Inc. LKQ Corporation et al. v. GM Global Technology Operations, LLC, Case No. 2021-2348 (Fed. Cir. May 21, 2024) (Stoll, Moore, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stark) (Lourie, concurring)….
By: McDermott Will & Emery
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