Trick or Treat? The Impact of LKQ on Design Patent Obviousness at the USPTO

James Aquilina will be speaking at the AIPLA Annual Meeting on October 31. His presentation titled, "Trick or Treat? The Impact of LKQ on Design Patent Obviousness at the USPTO," will discuss recent developments in district court and USPTO/PTAB caselaw since the U.S. Court of Appeals for the Federal Circuit’s opinion in May 2024 in LKQ Corp. v. GM Global Technology Operations LLC that overturned the longstanding design patent obviousness test and replaced it with a more flexible, fact-intensive standard similar to the test that exists for utility patent obviousness.