Insights

On Monday, February 5, 2024, the Federal Circuit held its first en banc oral argument on a patent case in five years.  This oral argument was for the case of LKQ Corp. v. GM Global, addressing a question of the patentability standard for design patents over prior art references under 35 U.S.C. §103.  The Federal Circuit took up this argument en banc as Appellant LKQ Corp. sought to overturn the 40-year old Rosen-Durling test of obviousness for design patents, first established In re Rosen (1982) and further clarified in Durling v. Spectrum (1996).