Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
IP News
Federal Circuit Sitting en banc Overrules Long-standing Test for Assessing Obviousness of Design Patents and Adopts the Same Framework Established for Utility Patents
On May 21, 2024, Federal Circuit sitting en banc issued an opinion, authored by Judge Stoll, in LKQ Corp. v. GM Glob. Tech. Operations LLC, 102 F.4th 1280 (Fed. Cir. 2024). Petitioner LKQ appealed from the Patent Trial and Appeal Board's (Board) final written decision in an Inter Partes Review (IPR) proceeding that found a design patent claim: 1) not anticipated under the ordinary observer test; and 2) not obvious under the long-standing Rosen-Durling test. Because the Rosen-Durling test is inconsistent with Supreme Court precedent, the Federal Circuit overruled In re Rosen, 673 F.2d 388 (CCPA 1982) and Durling v. Spectrum Furniture Co., Inc., 101 F.3d 100 (Fed. Cir. 1996), and adopted the same framework established for utility patents, including the application of the factors enumerated in Graham v. John Deere, 383 U.S. 1 (1966),and the flexible analysis under KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007). The Federal Circuit affirmed the Board's finding of no anticipation, and consistent with the change in the applicable framework, vacated the Board's non-obviousness determination and remanded for further proceedings.
LKQ challenged GM's design patent covering a vehicle's front fender in an IPR proceeding under 35 U.S.C. §§102 and 103. Slip Op. at 5. The Board found that the challenged claim not anticipated under the ordinary observer test. Id. at 6-7. The Board further found that the challenged claim not obvious under the long-standing Rosen-Durling test because the prior art reference failed to meet the threshold Rosen requirement. Id. at 7-8. On appeal, a Federal Circuit panel affirmed the Board's decisions. Id. at 8. The Federal Circuit granted rehearing en banc. Id. at 10.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.