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Case

KSR Int'l Co. v. Teleflex Inc.

33 published works

  1. PTABWatch

    Federal Circuit Abandons Rosen-Durling Test for Design Patent Obviousness

    By Ryan J. Schermerhorn, Matt Nealon

    As discussed in a recent post, On May 21, 2024, the Federal Circuit issued its en banc decision in LKQ Corp. v. GM Global Tech. Operations LLC, significantly impacting design…

  2. Global IP & Technology Law Blog

    The USPTO Speaks on Obviousness – Do Patent Practitioners Have an Answer?

    By Frank Bernstein

    The United States Patent and Trademark Office (USPTO) recently published updated guidance emphasizing a very flexible approach to determining obviousness under 35 U.S.C. § 103, consistent with the U.S. Supreme…

  3. Protecting the Product

    Design Patent Obviousness Inquiry Is Up for Review at the CAFC

    By James Aquilina

    As we have previously written about here, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) has granted a petition for an en banc rehearing of LKQ…

  4. PTABWatch

    Federal Circuit to Decide Whether KSR Applies to Design Patents

    By Ryan J. Schermerhorn, Matt Nealon

    On June 30th, the Federal Circuit granted a petition for re-hearing en banc in LKQ Corp. v. GM Global Tech. Operations LLC.[1] LKQ, an auto parts repair vendor for GM,…

  5. Protecting the Product

    Uncertainty Ahead if Design Patent Obviousness Test is Abrogated by <em>en banc </em>CAFC

    By Justin DeAngelis

    In a surprising move, the Court of Appeals for the Federal Circuit (“CAFC”) has granted a petition for rehearing en banc on the issue of whether the test for determining…

  6. Patent Challenges

    A “known technique” only needs to be a suitable replacement to support a conclusion of obviousness

    By Michael Pohl (US), Vlada Wendel (US)

    A claim that recites a combination of prior art elements may be obvious when the combination merely involves the use of a “known technique” that “has been used to improve…

  7. The IP Law Blog

    Obviousness Test for Design Patents Unchanged

    By Audrey A Millemann

    Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect…

  8. IP IQ

    Attempts to Drive the Obviousness Standard for Design Patents Similar to KSR Failed

    By Stephanie D. Scruggs

    Recently, the Federal Circuit affirmed a finding of non-obviousness from the Patent Trial and Appeal Board (PTAB) of a design patent owned by GM. While non-precedential, this decision is nonetheless…

  9. Gadgets, Gigabytes & Goodwill Blog

    Predicting the Unpredictable – When is a Combination Obvious?

    By Patrick Muffo

    Judge Markey famously wrote “Only God works from nothing. Man must work with old elements.” Howard T. Markey, Why Not the Statute?, 65 J. PAT. OFF. SOC’Y 331, 334 (1983).…

  10. IP Intelligence

    Justice Ginsburg’s Dissents – in Patent Law

    By Jason Hoffman

    As the country collectively mourns the passing of Justice Ruth Bader Ginsburg, I am reminded of the inspiring book “I Dissent: Ruth Bader Ginsburg Makes Her Mark” (which I have…