Demand for design patent protections has been increasing in the last decade, and there is no indication that this trend will slow down. James Rieke, partner at Merchant & Gould, spoke to Minnesota ...

Designing functional features on a device will not make you an inventor for design patents on the device! The District of Delaware (“the court”) recently held that Apple Inc.’s (“Apple”) design ...

LKQ Corporation and Keystone Automotive Industries, Inc. (collectively, LKQ) filed an inter partes review (IPR) of GM’s design patent for a car part, asserting that it was unpatentable as obvious. 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 ...

“In its petition, LKQ explained that design patents are ‘generally subject to the same requirements as patents for inventions’ and that KSR’s holding that obviousness should be ‘an assessment that ...

As a business-savvy medical device executive, you likely are well versed on the value of utility patents. But are you aware that a design patent for your product can be an equally important component ...

“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 ...