Irwin IP Secures Major Change to Design Patent Law

Today, on May 21st, Irwin IP secured a monumental win for our client in the case of LKQ v. GM, which was argued before the en banc Federal Circuit in February.  In a decisive ruling, all ten judges concurred with LKQ’s arguments, resulting in the previous panel opinion being vacated and the case being remanded for further proceedings consistent with the en banc panel’s ruling. 

This landmark decision not only represents a significant triumph for our client, LKQ Corporation, but also marks a pivotal shift in design patent law jurisprudence that has been in effect for over 40 years.  With this decision, the en banc Federal Circuit overruled the long-standing precedent set by Rosen (1982) and Durling (1996) and, as advocated by LKQ, adopted an obviousness framework that aligns more closely with Supreme Court precedent. 

This change is poised to have far-reaching implications for design patent litigation and design innovation, as it brings greater clarity and consistency to the assessment of the obviousness and patentability of designs. 

At Irwin IP, we are dedicated to delivering exceptional legal representation and achieving outstanding results for our clients. This victory underscores not only our commitment to excellence for our clients but also our ability to impact meaningful changes in the law. 

We extend our deepest gratitude to our talented team and our client for their trust and collaboration throughout this process. 

Read the full ruling here.

Irwin IP specializes in mission-critical intellectual property and technology litigation, catering to a diverse client base, including Fortune 500 companies and innovative startups.  Our expertise extends to enforcing and protecting intellectual property portfolios, ensuring our clients’ product lines, worth hundreds of millions annually, remain secure.  Notably, we routinely, successfully litigate against the largest, most prestigious law firms representing the largest companies in the world on matters valued in the tens and hundreds of millions.