Federal Circuit to Sit En Banc to Hear LKQ v. GM Case on Obviousness for Design Patents

For the first time in over five years, the US Court of Appeals for the Federal Circuit will be hearing a patent case en banc. The Court has agreed to hear LKQ Corporation v. GM Global Technology Operations LLC, which questions the current standard of non-obviousness that is applied to design patents. LKQ used to act as a licensed repair part vendor for GM. After renewal negotiations fell through in early 2022, GM informed LKQ and its business partners that the parts LKQ was selling were no…
By: Sterne, Kessler, Goldstein & Fox P.L.L.C.