Amicus Brief

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

Published: October 27, 2023

Court

United States Court of Appeals for the Federal Circuit

Our Position

Because the elimination or substantial modification of the Rosen-Durling test for obviousness in the context of design patents threatens not only to create uncertainty in this settled area of the law, but also to upset the carefully crafted, long-established balance between design patent and trade dress protection, to the detriment of both intellectual property owners and consumers alike, the Court should retain the Rosen-Durling test without modification or, at a minimum, leave the test substantially intact.

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