Design Patent Counsel Keen to Retain Obviousness Status Quo

One case at the Court of Appeals for the Federal Circuit is keeping design patent attorneys on high alert as its ruling could create uncertainty over when design patents are obvious.

LKQ Corp v. GM Global Technology Operations was granted a re-hearing en banc on June 30. This is only the second time that the full court has reviewed a design patent case.

Finnegan partner Beth Ferrill told Managing IP that there are not that many design patent cases at the Federal Circuit.

“When we get one, it can take many years before we return to that issue. So, the uncertainty can reverberate for a long time before the issue comes up again.”

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