The Long-Standing Rosen-Durling Test used to Assess Nonobviousness of Design Patents is OVERRULED

By Gregory Lars Gunnerson

The long-standing Rosen-Durling test used to assess nonobviousness of design patents required a primary reference must be “basically the same” as the challenged design claim, and further that any secondary references must be “so related”. The Federal Circuit had never considered the merits of the Rosen-Durling test. Hearing LKQ Corp. v. GM Glob. Tech. Operations […]

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