Following a decision from the U.S. Court of Appeals for the Federal Circuit granting a rare en banc review of a design patent case, LKQ v. GM, Chris provides commentary in IPWatchdog on the potential implications. He said:
“The case marks a historic occasion in design patent jurisprudence; it is only the second time that the en banc Federal Circuit has taken on a design patent case. The last time was in 2008 for the seminal case of Egyptian Goddess v. Swisa. Changes to the test for determining whether a design patent complies with the Patent Act’s non obviousness requirement will not only affect design patents for years to come but also the hundreds of thousands of currently issued design patents.”
Read the complete article here.
