As an initial disclaimer, Irwin IP LLP is privileged to be lead counsel for LKQ Corporation and Keystone Automotive Industries, Inc. (collectively, “LKQ”) in several design patent validity disputes, ...
LKQ Corp. v. GM Global Technology Operations LLC has brought attention to the ongoing debate surrounding design patent law, particularly with respect to the Rosen-Durling test for design patent ...
“[O]ur elimination of the rigid Rosen-Durling test is compelled by both the statute and Supreme Court precedent.” – CAFC opinion But in June 2023, the court granted an increasingly rare en banc review ...
An en banc panel of the Federal Circuit will soon decide whether to amend its long-standing framework for assessing design patent obviousness, known as the 'Rosen-Durling' test. The forthcoming ...
Is the United States’ Nonobviousness Test ‘Plausibly’ Similar to the EPO/UK Inventive Step Standard?
“U.S. courts have made clear that mere plausibility is not the test for enablement, finding that patentees could otherwise obtain patent rights to purported inventions consisting of little more than ...
We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
A small Cleveland-based software company has won the right to a wide-ranging patent that covers online testing, in a move that could have broad ramifications for Internet testing businesses. But ...
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