In today’s competitive market, the visual appeal and unique ornamental design of a product can be as crucial to its success as its name or functionality. Protecting the distinctive look and feel of ...

LKQ Corp. v. GM Global Technology Operations LLC has brought attention to the ongoing debate surrounding design patent law, particularly with respect to the Rosen-Durling test for design patent ...

“[O]ur elimination of the rigid Rosen-Durling test is compelled by both the statute and Supreme Court precedent.” – CAFC opinion But in June 2023, the court granted an increasingly rare en banc review ...

“After the per curium panel opinion in LKQ, obviousness for design patents continues with business as usual. But change may be on the horizon.” Such a change could have a significant impact on ...

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 ...

An en banc panel of the Federal Circuit will soon decide whether to amend its long-standing framework for assessing design patent obviousness, known as the 'Rosen-Durling' test. The forthcoming ...

A small Cleveland-based software company has won the right to a wide-ranging patent that covers online testing, in a move that could have broad ramifications for Internet testing businesses. But ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

The Federal Circuit last month threw out the established test for design patent infringement in the US in what many are heralding as a long overdue shift in the design patent landscape Last month's ...

August 7, 2023 - In the rapidly evolving landscape of artificial intelligence (AI), innovation is at an all-time high. From machine learning algorithms that predict disease onset to neural networks ...

Judges focused on whether or not to maintain the point of novelty test for determining design patent infringement in last month's hearing in Egyptian Goddess v Swisa Judges focused on whether or not ...