In a landmark decision, the Federal Circuit has overturned decades-old tests for determining the obviousness of design patents, deeming them “improperly rigid.” Irwin IP, representing LKQ Corp., secured a significant victory as the en banc court vacated a previous ruling against LKQ in a dispute over a GM design patent. The court mandated using the more flexible obviousness test applied to utility patents, aligning with Supreme Court precedent despite concerns about potential short-term uncertainty.
To read the full article, visit: https://www.law360.com/articles/1839492/breaking-full-fed-circ-throws-out-rigid-tests-for-design-patents
*This article is located behind a paywall and is only available for viewing by those with a subscription to Law360.