Rosen Set Table For Design Patent Obviousness, LKQ Might Clear It, PTAB Litigation Blog

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Big changes to design patent invalidity law may be coming.  A pending IPR appeal challenges the Federal Circuit’s 40-year-old obviousness formula as inconsistent with the Supreme Court’s rejection of “a rigid rule that limits the obviousness inquiry” in KSR v. Teleflex, 550 U.S. 398, 419 (2007).  Should the appeals court agree, obviousness could be easier to establish.

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