Design patents protect new, original, and ornamental designs for articles of manufacture. However, under Section 103 of Title 35 of the U.S. Code, a design patent may not be obtained.
In LKQ Corp. vs. GM, the U.S. Court of Appeals for the Federal Circuit (CAFC), sitting en banc, overruled the long-standing Rosen-Durling test used to assess non-obviousness.
The United States Court of Appeals for the Federal Circuit has overhauled the standards for assessing the invalidity of design patents based on obviousness under 35 U.S.C. § 103.
LKQ Corporation and Keystone Automotive Industries, Inc. (collectively "LKQ") filed a petition for inter partes review (IPR) to challenge the validity of GM Global Technology Operations LLC's ("GM").