LKQ in Action: Five Recent Design Patent Prosecutions
In LKQ Corp. v. GM Global Technology Operations LLC, 102 F.4th 1280 (Fed. Cir. 2024), the Federal Circuit fundamentally reshaped design patent obviousness law. LKQ successfully argued that the long-standing Rosen-Durling test, which required a primary reference to be “basically the same” as the claimed design, was too restrictive and prevented proper application of traditional
June 18, 2025
No Comments