Rosen-Durling Test Back on the Table, PTAB Litigation Blog
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In February, the Federal Circuit declined to modify or overrule its long-standing test for obviousness in design patents, the Rosen-Durling test, despite arguments that the Supreme Court overruled it in KSR v. Teleflex. A series of recent posts outlined the LKQ v. GM case’s challenge to the Rosen–Durling standard. One post suggested that the Rosen-Durling test may be questioned in future en banc review.
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