LKQ Corporation v. GM Global Technology Operations LLC

  1. May 21, 2024

    Questions Abound As Fed. Circ. Scraps Design Patent Tests

    By discarding established tests for proving that design patents are invalid as obvious Tuesday, the full Federal Circuit has opened the door for new invalidity arguments and created uncertainty by not providing much guidance on how courts should evaluate them, attorneys said.

  2. May 21, 2024

    Full Fed. Circ. Throws Out 'Rigid' Tests For Design Patents

    The full Federal Circuit on Tuesday overruled long-standing tests for proving that design patents are invalid as obvious, finding that the rules are "improperly rigid" and holding that the obviousness test for utility patents should be used instead.

  3. February 05, 2024

    Fed. Circ. Questions Call To Throw Out Design Patent Tests

    An en banc Federal Circuit panel appeared wary Monday of discarding long-standing tests for proving that design patents are invalid as obvious, although some indicated they may be open to altering a standard that critics have described as overly rigid.

  4. January 01, 2024

    Patent Cases To Watch In 2024

    A rare patent case taken up by the full Federal Circuit that has the potential to weaken design patents, and U.S. Supreme Court challenges to the Patent Trial and Appeal Board's authority are among the patent cases attorneys will be tracking this year.

  5. November 30, 2023

    Auto Parts Designers Actually Do 'Solve Problems,' Court Told

    A Chicago auto parts company shot back at arguments from major players in the automotive industry over how design patents should be litigated in the courts, teeing up its argument early next year in front of the full Federal Circuit that "designers do solve problems."

  6. October 27, 2023

    Auto Industry Tells Fed. Circ. Not To Mess With Design Patents

    The automotive industry is urging the full Federal Circuit to keep the test for obviousness in design patents as is, saying in a series of amicus briefs that the law is predictable and stable.

  7. October 13, 2023

    GM Warns Full Fed. Circ. Against Design Patent 'Free-For-All'

    Auto parts company LKQ Corp. is trying to turn a "common sense" approach to reviewing the invalidity of design patents into a "free-for-all" that cannot be endorsed by a federal appeals court, a General Motors unit has argued to the full Federal Circuit.

  8. August 29, 2023

    USPTO, Car Cos., Profs Tell Fed. Circ. About Design Patents

    Lawyers for the U.S. Patent and Trademark Office, Taiwanese auto parts makers and major insurance trade groups are among those that have weighed in at the Federal Circuit on a legal campaign coming from a rival of General Motors that aims to change how courts make decisions about design patents.

  9. August 15, 2023

    GM Foe Says It's Time For Some New Design Patent Rules

    An auto parts maker fighting with General Motors has laid out its case before the full Federal Circuit to discard rules the court adopted that set a high bar for invalidating design patents, in what is poised to become the appeals court's first en banc review of a patent case since 2018.

  10. July 19, 2023

    5 Patent Cases To Watch In The Second Half Of 2023

    The Federal Circuit will be reviewing its first en banc patent case since 2018, while the court's members are being sued by its longest-serving judge, who claims that an attempt to oust her is unconstitutional. Here's what you need to know about these and other high-profile patent cases.