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IIP In The News

Stay updated with Irwin IP’s media coverage through “IIP in the News”. Whenever there’s a newsworthy article, it will be conveniently found below.

Mondaq | Unifying The Analysis Of Obviousness For Design And Utility Patents

The Federal Circuit’s en banc ruling in LKQ Corp. v. GM Global Tech., in which LKQ was represented by Irwin IP, marks a pivotal change in design patent law by overturning the long-standing “Rosen-Durling” test for assessing obviousness. This article examines the USPTO’s updated guidance in response to the…
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2Civility | Asian American Attorneys Share What Has Made a Difference in Their Careers

Much has been discussed about the underrepresentation of Asian American attorneys in top legal jobs. The Illinois Supreme Court Commission on Professionalism asked Asian American lawyers and law students in how law firms can better support them, what has been crucial to their success, and how legal organizations can…
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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…
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Mondaq | Design Patent Obviousness: Federal Circ. Rehearing and Examiner AI-Assisted Searching

The law for design patent obviousness may change soon following the Federal Circuit Court’s decision on our client LKQ Corp.’s victorious case against GM Global Technology Operations LLC….
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Yahoo!Finance | Federal Circuit Overturns GM’s Patent Win Against Auto-Parts Provider LKQ

LKQ Corp. (NASDAQ:LKQ) achieved a significant legal victory as the U.S. Court of Appeals for the Federal Circuit overturned a prior decision favoring General Motors Co. (NYSE:GM) in their dispute over fender design patents. The court’s full-court decision discarded a long-standing validity test for design patents, remanding the case…
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Law 360 | Full Fed. Circ. Throws Out ‘Rigid’ Tests For Design Patents

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…
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ABPA | ITC Reverses Prior Detrimental Decisions Against LKQ

On March 8, 2024, the International Trade Commission (ITC) announced that the decisions for both investigations in the LKQ / Genera cases have been reversed finding no violations. These wins are not only important to LKQ but also impact consumers who will continue to have the ability to purchase…
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Law360 | ITC Clears LKQ, Others in Car Lamp Patent Cases

The U.S. International Trade Commission has nullified administrative findings accusing Chicago parts manufacturer LKQ Corp., represented by Irwin IP LLP, and other firms of breaching federal patent law through the importation of specific headlights and taillights. In two recent decisions, the ITC determined that neither Hyundai nor Kia could…
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Law 360 | Fed. Circ. Questions Call To Throw Out Design Patent Tests

During the Federal Circuit’s first patent case since 2018, judges hesitated to discard long-standing tests for proving design patent invalidity, with some showing openness to adjusting a standard criticized as overly rigid. LKQ Corp., represented by Irwin IP LLP and Lex Lumina PLLC, sought to invalidate two General Motors…
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Bloomberg Law | GM, LKQ Trade Punches at Fed. Cir. Over Design Patent Test

Federal Circuit judges expressed skepticism over the Rosen-Durling test, which has been utilized for four decades to assess the obviousness of design patents, particularly in a case involving General Motors Co. and LKQ Corp. LKQ Corp., represented by Irwin IP LLP and Lex Lumina PLLC, challenged the test, arguing…
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Law 360 | Patent Cases To Watch In 2024

LKQ Corp. v. GM Global Technology OperationsThe 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…
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Law360 | GM Warns Full Fed. Circ. Against Design Patent “Free-For-All”

LKQ Corp., represented by Lex Lumina PLLC and Irwin IP LLP, is advocating for a shift in the approach to evaluating the invalidity of design patents, urging a reevaluation of what they consider a “common sense” perspective. In response, GM Global Technology Operations LLC has presented its opposing viewpoint…
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Law360 | USPTO, Car Cos., Profs Tell Fed. Circ. About Design Patents

Attorneys representing the U.S. Patent and Trademark Office, Taiwanese manufacturers of automotive components, and significant insurance trade associations have submitted their opinions to the Federal Circuit regarding a legal initiative presented by a competitor of General Motors. This initiative seeks to alter the process by which courts render judgments…
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Law360 | GM Foe Says It’s Time For Some New Design Patent Rules

In a significant development, Chicago parts maker LKQ Corp. engaged in a dispute with General Motors have presented its arguments before the full federal circuit. To read the full article, visit: https://www.law360.com/articles/1695844/gm-foe-says-it-s-time-for-some-new-design-patent-rules *This article is located behind a paywall and is only available for viewing by those with a…
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Law360’s Legal Lions Of The Week

Lex Lumina and Irwin IP distinguished themselves June 30 as the first law firms since 2018 to convince the full Federal Circuit to review a patent case. The court granted a petition by LKQ Corp. seeking rehearing of a January panel ruling that affirmed Patent Trial and Appeal Board…
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Reuters | GM Fender Design Victory in Limbo After US Appeals Court Grants Rare Review

The legal outcome of a design dispute between General Motors (GM) and a fender manufacturer is in uncertainty after a U.S. appeals court granted a rare review. The case revolves around GM’s claim that the fender manufacturer’s design infringed on their own design patent. Initially, GM secured a victory…
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Law360 | Full Fed. Circ. To Review Design Patent Tests In GM Case

The full Federal Circuit agreed to review whether tests for proving that a design patent is obvious have been overruled by U.S. Supreme Court precedent, taking up a dispute involving a General Motors unit in the court’s first en banc review of a patent case since 2018. To read…
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Law360 | PTAB Mulls Challenges To GM Part Design Patents

The Patent Trial and Appeal Board (PTAB) recently considered challenges to three GM design patents for car parts. During a four-hour session, PTAB heard three separate cases brought by LKQ Corp. and its subsidiary, Keystone Automotive Industries Inc., as they sought to invalidate GM’s design patents. This hearing followed…
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Bloomberg Law | Meta Platforms Sued Over Instagram Account Hacked by NFT Scammer

Labyron Carr and his nonprofit Cappin4Capo Inc., represented by Irwin IP LLP, have filed a lawsuit in Illinois alleging that Meta Platforms, Inc., the parent company of Instagram, violated federal law by allowing a hacker to take control of their gun violence prevention nonprofit’s Instagram account for nonfungible token…
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Law360 | ’60 Seconds’ Producer Says Shelby’s Co.’s Suit Crashed Deal

In a legal dispute linked to the film “Gone in 60 Seconds,” an attorney representing the movie’s producer presented their argument centered on Carroll Shelby’s company allegedly violating a settlement concerning the rights to the movie’s iconic “Eleanor” car by taking legal action against actions they were authorized to…
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