In May, the Federal Circuit issued its decision in 'LKQ v. GM Global Technology Operations', which marks a significant shift away from the prior and more rigid 'Rosen-Durling test', toward a more ...

Rulings in patent ownership disputes have provided useful guidance on how China’s courts interpret the determination of rights, explains Ruo Cao and Mengxuan Zhang of China Patent Agent (HK) Ltd. With ...

In today’s competitive market, the visual appeal and unique ornamental design of a product can be as crucial to its success as its name or functionality. Protecting the distinctive look and feel of ...

LKQ Corp. v. GM Global Technology Operations LLC has brought attention to the ongoing debate surrounding design patent law, particularly with respect to the Rosen-Durling test for design patent ...

The Federal Circuit last month threw out the established test for design patent infringement in the US in what many are heralding as a long overdue shift in the design patent landscape Last month's ...

“By ignoring the key distinctions between patent applications and academic papers, these studies distort our understanding of the innovation ecosystem and the critical role that patents play.” A new ...

Apple was put in a tough spot during oral arguments at the US Supreme Court over how the value of design patent infringement should be determined while it was unclear if the Justices were swayed by ...

An en banc panel of the Federal Circuit will soon decide whether to amend its long-standing framework for assessing design patent obviousness, known as the 'Rosen-Durling' test. The forthcoming ...

Dispute over heat reflective design patent has been ongoing for nearly a decade | Petitioner argues that new test contravenes past precedents and will be impossible to enforce.

“If the ‘sufficiently distinct’ test is intended to impose a special gloss on Rule 56, that gloss cannot stand.” – North Star Petition for Rehearing This ...