En Banc Federal Circuit Questions Standard for De

En Banc Federal Circuit Questions Standard for Design Patent Obviousness, PTAB Litigation Blog

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Changes to design patent validity law may be coming thanks to LKQ v. GM, a case that we’ve been tracking since April 2021.  On February 5, 2024, in a rare en banc hearing, the Court of Appeals for the Federal Circuit asked tough questions on the foundations of the standard for design patent obviousness under Rosen/Durling.  Though the questions were wide-ranging, the overall takeaway from the full court’s questioning indicates discomfort with Rosen/Durling and signals that the existing standard is too rigid under Supreme Court precedent.  Here are some of the highlights from the argument:

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