The landscape of design patent law has recently evolved with the introduction of a new standard for determining obviousness. For decades, the Rosen-Durling test was used to assess obviousness of ...

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 ...

“We see no reason to distinguish between disclaimer by amendment and disclaimer by argument and conclude that a patentee may surrender claim scope of a design patent by its representations to the ...

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 ...

“[O]ur elimination of the rigid Rosen-Durling test is compelled by both the statute and Supreme Court precedent.” – CAFC opinion But in June 2023, the court granted an increasingly rare en banc review ...

(CNN) — Apple convinced a federal jury on Friday that health monitoring tech company Masimo’s smartwatches infringe two of its design patents. The jury, in Delaware, agreed with Apple that Masimo’s W1 ...

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 ...

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