In a landmark decision, the US Court of Appeals for the Federal Circuit has overruled the longstanding test for assessing whether a design patent is considered obvious in view of prior art. This ...
Speck v. Bates, No. 2023-1147 (Fed. Cir. May 23, 2024) addressed two issues, (1) whether courts should apply a one-way test or a two-way test to determine if pre-critical claims materially differ from ...
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 ...
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