On June 30, 2023, the U.S. Court of Appeals for the Federal Circuit declared it would rehear the compelling case of LKQ Corp. v. GM Global Tech Operations en banc. The announcement has sparked anticipation among legal professionals around the world. The full court’s intention to reevaluate the existing doctrine on design patent obviousness, a precedent set and followed for over forty years, is the heart of this heated debate.
This reconsideration comes in the shadow of the Supreme Court’s KSR Int’l Co. v. Teleflex ruling, which brought changes to the standard of obviousness for utility patents. The looming question that keeps minds in the legal sphere busy is whether the approach to design patent obviousness is due the same revision.
As the date for the rehearing approaches, industry leaders in law and intellectual property are watching closely. Many wonder how a possible departure from the long-standing test could impact patent strategies, from filing to litigation to enforcement.
Legal professionals are advised to stay updated and prepared for the potential implications of this significant court hearing. A shift in the judicial approach to patent obviousness could trigger far-reaching changes in the landscape of intellectual property law.
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JD Supra for the full story covered by Hodgson Russ LLP.