LKQ Corp. v. GM Global Technology Operations
The Federal Circuit is set to review a patent decision for the first time since 2018, potentially reshaping design patent law. The case involves LKQ, represented by Irwin IP, challenging GM design patents and arguing that current design patent tests conflict with the 2007 Supreme Court decision in KSR v. Teleflex. The Federal Circuit traditionally requires identifying an earlier design with the same visual impression and proving it would be obvious to modify, a test LKQ claims deviates the more flexible approach endorsed by KSR for utility patents. The en banc court will hear arguments on Feb. 5.
Read the full article at: Patent Cases To Watch In 2024 – Law360
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