#lkqvgm — Public Fediverse posts

#LKQvGM discussion example of the week:

RE: https://bsky.app/profile/did:plc:ihqsgbh37qvgpxa5q6quagqc/post/3mx7oa5yumk23

#LKQvGM, damages phase:

Sanction Bids In LKQ, GM Paten...

And of course the partnership doesn't answer all the interesting questions, like: "What if this firm wanted to get a design patent?" #LKQvGM

On first skim, this decision might be most notable for its discussion of #LKQvGM:

Here is the patented design and three references identified by these defendants. They argue that the claim is both anticipated and obvious. I'm not seeing anticipation there. Obviousness, maybe, depending on how the court applies #LKQvGM.

The PTAB will not conduct an inter partes review of this GoPro design patent: www.scribd.com/document/847... The challenger argued that the design (for a camera) was obvious in light of various references. The PTAB disagreed, applying the new Federal Circuit framework set forth in #LKQvGM.

This could be an interesting early test of the impact of #LKQvGM:

This could be an interesting early test of the impact of #LKQvGM:

Teaching #LKQvGM today. Adding this to my slides:

This is a new Kate Spade handbag. If someone wanted to challenge the design as obvious:

1) Would (or should) a real-life stop sign qualify as a proper primary reference, post-LKQ?

2) Assuming it would be, what kinds of record-supported evidence might the challenger use to "bridge the gap" between that reference and the final design here? E.g., where do you get "and make it glitter"? The thick white border? The tented shape. Etc.

#DesignPatents #LKQvGM #LawFedi

Please join us at Chicago-Kent on Tuesday, September 3 for a panel discussion on the obviousness standard in design patent law, led by Chicago-Kent law professors.

Please RSVP here: https://docs.google.com/forms/d/e/1FAIpQLScLaM4H_uZwUg-f0-AQTZ0CKunsmhZ9h9N3a3J0yuRT71dQkA/viewform?usp=sf_link

#LawFedi #DesignPatents #LKQvGM

Get excited: Our 2024-2025 (free) patent casebook supplement is here! https://patentlawcasebook.com/

Featuring, among other things, an all-new edit of #LKQvGM:

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4544911

#LawFedi #LawProfs #PatentFedi

My favorite thing about #LKQvGM is that it's a fantastic example of "how close is too close" in design patent law: http://cafc.uscourts.gov/opinions-orders/21-2348.OPINION.5-21-2024_2321050.pdf

Neither of these references were close enough to anticipate (thus, if they had come later, would not have been close enough to infringe):

Save the date: We'll be doing a panel on #LKQvGM on-site at the Conviser Law Center from 12-1:30 p.m. on Tuesday, September 3, 2024. Hope you can join us!

#DesignPatents

I smell an appeal: https://www.law360.com/ip/articles/1853466?nl_pk=2e71aa9c-c8f8-43ff-9d5a-fafec61b2085&utm #LKQvGM #DesignPatents

One thing I like about the decision in #LKQvGM is that it provides a good example of "how close is too close" in design patent law.

The court says these products are not close enough to anticipate. That means they would not, if later, be close enough to infringe.

http://cafc.uscourts.gov/opinions-orders/21-2348.OPINION.5-21-2024_2321050.pdf

#DesignPatents #EgyptianGoddess

We are reconvening our all-star panel to discuss the decision in #LKQvGM. Please join us next Tuesday, June 4, 2024 at noon Eastern via Zoom.

More details and the (free) registration link here:

https://events.suffolk.edu/event/design-patents-after-the-en-banc-decision-in-lkq-v-gm

#SuffolkIP #DesignPatents

Thinking about the use of the passive voice in this passage from #LKQvGM:

Bloomberg Law on #LKQvGM, featuring some quotes from yours truly:

https://news.bloomberglaw.com/ip-law/new-design-patent-test-creates-uncertainty-over-whats-obvious

10) One interesting question that remains is:

LKQ x CurviSil = ???

In other words, how does/should the fact that design patents protect applied designs (not designs per se) affect the scope of § 103 prior art, if at all?

#LKQvGM #CurviSil

Some more assorted thoughts on #LKQvGM:

Law360 coverage of #LKQvGM, featuring some comments from me and several high-profile design practitioners:
https://www.law360.com/ip/articles/1839570?nl_pk=2e71aa9c-c8f8-43ff-9d5a-fafec61b2085

#DesignPatents

Okay, got two #LKQvGM panels in the works. One online, soon; one in Chicago, in the fall. Stay tuned. #DesignPatents #RestInPeaceRosen

Will GM file a cert petion?

#LKQvGM

Breaking: #LKQvGM is out! http://cafc.uscourts.gov/opinions-orders/21-2348.OPINION.5-21-2024_2321050.pdf

Reading now.

#DesignPatents

Would have been hilarious if the Federal Circuit released #LKQvGM today. But alas.

@asbestos @meredithlowry Pretty darned close (this patent is a good example). For more on why, see this short piece: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3329899

It's possible that the Federal Circuit might change the rules in #LKQvGM. I don't expect a huge change, but I guess we'll see.

Just out of curiosity, I looked up when the last Federal Circuit en banc design patent case, #EgyptianGoddess, was argued (6/2/08) and decided (9/22/08).

If #LKQvGM were to follow the same timeline, we could expect a decision around late May.

#DesignPatentsEnBanc #PatentFedi

Look, if In re Rosen (1982) isn't too old to overrule, then neither is In re Zahn (1980). #LKQvGM

Law360 coverage of the #LKQvGM argument: https://www.law360.com/ip/articles/1771814?nl_pk=2e71aa9c-c8f8-43ff-9d5a-fafec61b2085

#DesignPatents #PatentFedi #LawFedi

"The judges seemed interested in tweaking the existing 'Rosen-Durling' test but struggled with getting the parties to clearly articulate a replacement approach wouldn’t be potentially just as bad."

- Eileen McDermott via IP Watchdog

https://ipwatchdog.com/2024/02/05/lkq-en-banc-argument-suggests-cafc-could-soften-test-design-patent-obviousness/id=172880

#LKQvGM

Last question in #LKQvGM:

Judge: If we could only make one change [to the § 103 analysis], what should we change?

Lemley: Overrule Rosen/Durling

Judge: "That's not going to happen."

#DesignPatents #PatentFedi #LawFedi

Let's go! Panel will be Moore, Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, Stark (everyone but Newman and Cunningham):

#LKQvGM

Today is the day! #LKQvGM will be argued before the en banc Federal Circuit today at 10 a.m. Eastern.

Audio link: https://cafc.uscourts.gov/home/oral-argument/listen-to-oral-arguments/

Docket: https://www.courtlistener.com/docket/66745365/lkq-corporation-v-gm-global-technology-operations-llc/?order_by=desc

Here's a short preview from @patentlyo: https://patentlyo.com/patent/2024/02/corporation-global-design.html

If you're interested in a deeper dive into the issue, here's an article I wrote: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1926162

For an update to my views on primary references, see § IV(C)(2) here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4496762

#DesignPatents #PatentFedi #LawFedi #RightToRepair #LawProfs

Who's excited for Monday?

#DesignPatents #FederalCircuit #LKQvGM #PatentFedi

Here's more commentary on #LKQvGM, from Chris Carani & Dunstan Barnes: https://news.bloomberglaw.com/us-law-week/federal-circuit-should-spurn-appeal-to-scrap-design-patent-test

#DesignPatents