LKQ v. GM: What In-House Counsel Needs To Know About This Change In Design Patent Law

On May 21, 2024, the Federal Circuit issued an en banc decision in our client LKQ Corp.’s case against GM Global Technology Operations LLC, overturning the long-standing obviousness test for design patents.. The court ruled that the obviousness test for design patents should align with the test for utility patents, marking a significant shift in design patent law.