PTABWatch Blog
https://www.ptabwatch.com/author/mnealon/PTABWatch, provided by Marshall, Gerstein & Borun LLP, analyzes and reports recent developments concerning Post-Grant Proceedings at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO), including Inter Partes Review (IPR), Post Grant Review (PGR), and Covered Business Method (CBM) proceedings.
Recent Blog Posts
- Federal Circuit Abandons Rosen-Durling Test for Design Patent Obviousness 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 patent law. The court overturned the long-standing Rosen–Durling test, a two-part test used to assess the obviousness of design patents. This decision is expected to have far-reaching implications for patent practitioners and clients alike. The Rosen-Durling Test The Rosen-Durling test, established in the 1980s and 1990s, had been the cornerstone of design... More
- Federal Circuit to Decide Whether KSR Applies to Design Patents 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, successfully petitioned for inter partes review of GM’s design patent for a front fender design,[2] arguing it was anticipated by a prior art reference (Lain) and obvious over Lian alone or in combination with a brochure for the 2010 Hyundai Tucson. The PTAB ultimately affirmed the patentability of GM’s claimed... More