En Banc Federal Circuit Overrules RosenDurling T

En Banc Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness, PTAB Litigation Blog

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The en banc Federal Circuit has overruled the Rosen-Durling test for design patent obviousness, holding that the Supreme Court’s KSR decision dictated “a more flexible approach . . . for determining non-obviousness.”  LKQ v. GM, — F.4th —, slip op. (Fed. Cir. May 21, 2024).  This precedent marks a shift in design patent invalidity law that allows for a less-rigid approach to obviousness—even though the court expressly warned that “creative” patent challenges are not always persuasive.

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