design_law, 11 days ago to random

One thing I like about the decision in #LKQvGM is that it provides a good example of "how close is too close" in design patent law.

The court says these products are not close enough to anticipate. That means they would not, if later, be close enough to infringe.

http://cafc.uscourts.gov/opinions-orders/21-2348.OPINION.5-21-2024_2321050.pdf

#DesignPatents #EgyptianGoddess

design_law, 18 days ago to random

We are reconvening our all-star panel to discuss the decision in #LKQvGM. Please join us next Tuesday, June 4, 2024 at noon Eastern via Zoom.

More details and the (free) registration link here:

https://events.suffolk.edu/event/design-patents-after-the-en-banc-decision-in-lkq-v-gm

#SuffolkIP #DesignPatents

design_law, 22 days ago to random

Thinking about the use of the passive voice in this passage from #LKQvGM:

design_law, 23 days ago to random

Bloomberg Law on #LKQvGM, featuring some quotes from yours truly:

https://news.bloomberglaw.com/ip-law/new-design-patent-test-creates-uncertainty-over-whats-obvious

design_law, 24 days ago to random

Some more assorted thoughts on #LKQvGM:

design_law, 24 days ago to random

Law360 coverage of #LKQvGM, featuring some comments from me and several high-profile design practitioners:
https://www.law360.com/ip/articles/1839570?nl_pk=2e71aa9c-c8f8-43ff-9d5a-fafec61b2085

#DesignPatents

design_law, 25 days ago to random

Okay, got two #LKQvGM panels in the works. One online, soon; one in Chicago, in the fall. Stay tuned. #DesignPatents #RestInPeaceRosen

design_law, 25 days ago (edited 24 days ago) to random

Will GM file a cert petion?

#LKQvGM

design_law, 25 days ago to random

Breaking: #LKQvGM is out! http://cafc.uscourts.gov/opinions-orders/21-2348.OPINION.5-21-2024_2321050.pdf

Reading now.

#DesignPatents

design_law, 1 month ago to random

Would have been hilarious if the Federal Circuit released #LKQvGM today. But alas.

meredithlowry, 2 months ago to random

Today in design patents:

D1020281 issued for a chair for outdoors. #DesignPatents

design_law, 3 months ago to random

Just out of curiosity, I looked up when the last Federal Circuit en banc design patent case, #EgyptianGoddess, was argued (6/2/08) and decided (9/22/08).

If #LKQvGM were to follow the same timeline, we could expect a decision around late May.

#DesignPatentsEnBanc #PatentFedi

design_law, 4 months ago to random

Look, if In re Rosen (1982) isn't too old to overrule, then neither is In re Zahn (1980). #LKQvGM

design_law, 4 months ago to random

Law360 coverage of the #LKQvGM argument: https://www.law360.com/ip/articles/1771814?nl_pk=2e71aa9c-c8f8-43ff-9d5a-fafec61b2085

#DesignPatents #PatentFedi #LawFedi

design_law, 4 months ago to random

"The judges seemed interested in tweaking the existing 'Rosen-Durling' test but struggled with getting the parties to clearly articulate a replacement approach wouldn’t be potentially just as bad."

• Eileen McDermott via IP Watchdog

https://ipwatchdog.com/2024/02/05/lkq-en-banc-argument-suggests-cafc-could-soften-test-design-patent-obviousness/id=172880

#LKQvGM

design_law, 4 months ago to random

Last question in #LKQvGM:

Judge: If we could only make one change [to the § 103 analysis], what should we change?

Lemley: Overrule Rosen/Durling

Judge: "That's not going to happen."

#DesignPatents #PatentFedi #LawFedi

design_law, 4 months ago to random

Let's go! Panel will be Moore, Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, Stark (everyone but Newman and Cunningham):

#LKQvGM

design_law, 4 months ago to random

Today is the day! #LKQvGM will be argued before the en banc Federal Circuit today at 10 a.m. Eastern.

Audio link: https://cafc.uscourts.gov/home/oral-argument/listen-to-oral-arguments/

Docket: https://www.courtlistener.com/docket/66745365/lkq-corporation-v-gm-global-technology-operations-llc/?order_by=desc

Here's a short preview from @patentlyo: https://patentlyo.com/patent/2024/02/corporation-global-design.html

If you're interested in a deeper dive into the issue, here's an article I wrote: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1926162

For an update to my views on primary references, see § IV(C)(2) here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4496762

#DesignPatents #PatentFedi #LawFedi #RightToRepair #LawProfs

design_law, 4 months ago to random

Who's excited for Monday?

#DesignPatents #FederalCircuit #LKQvGM #PatentFedi

design_law, 4 months ago to random

Here's more commentary on #LKQvGM, from Chris Carani & Dunstan Barnes: https://news.bloomberglaw.com/us-law-week/federal-circuit-should-spurn-appeal-to-scrap-design-patent-test

#DesignPatents

design_law, 4 months ago to random

BLaw covers the biggest design patent case of the year, with some commentary from me: https://news.bloomberglaw.com/ip-law/rare-federal-circuit-en-banc-patent-case-threatens-design-test

#DesignPatents #LKQvGM

design_law, 4 months ago to random

Looks like the IPO is holding a #LKQvGM panel: https://webinars.ipo.org/products/everything-you-need-to-know-to-listen-to-the-gm-v-lkq-en-banc-design-patent-obviousness-argument#tab-product_tab_speaker_s

#DesignPatents

design_law, 4 months ago to random

Upcoming patent events of interest (including our #LKQvGM panel), via @patentlyo: https://patentlyo.com/patent/2024/01/three-upcoming-events.html

design_law, 5 months ago to random

Please join Suffolk Law on February 6 for an online panel discussion on LKQ v. GM, moderated by me and featuring @patentlyo, @meredithlowry, Darrell Mottley (Howard Law) & Laura Sheridan (Google).

Get the details and register (for free) here: https://events.suffolk.edu/event/design_patents_en_banc_lkq_v_gm

#LawFedi #PatentFedi #DesignPatents #DesignPatentsEnBanc #LKQvGM