Case
KSR Int'l Co. v. Teleflex Inc.
33 published works
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…
Global IP & Technology Law Blog
The USPTO Speaks on Obviousness – Do Patent Practitioners Have an Answer?
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…
Protecting the Product
Design Patent Obviousness Inquiry Is Up for Review at the CAFC
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…
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,…
Protecting the Product
Uncertainty Ahead if Design Patent Obviousness Test is Abrogated by <em>en banc </em>CAFC
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…
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…
The IP Law Blog
Obviousness Test for Design Patents Unchanged
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…
IP IQ
Attempts to Drive the Obviousness Standard for Design Patents Similar to KSR Failed
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 While non-precedential, this decision is nonetheless…
Gadgets, Gigabytes & Goodwill Blog
Predicting the Unpredictable – When is a Combination Obvious?
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).…
IP Intelligence
Justice Ginsburg’s Dissents – in Patent Law
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…