LKQ Corporation, Keystone Automotive Industries, Inc. v GM Global Technology Operations LLC.

Case Number: CLB0528

Date: 05.21.2024

Citation: United States Court of Appeals for the Federal CircuitNo. 2021-2348

Design patents no longer use the long-standing Rosen-Durling test to assess obviousness of a claimed design. Now, obviousness in designed patents are determined by the four-part Graham test which considers: the scope and content of the prior art, the differences between the prior art designs and the design claim at issue, the level of ordinary skill in the pertinent art, and the obviousness or nonobviousness of the claimed design.

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