LKQ CORP, KEYSTONE V. GM GLOBAL No. 2021-2348 (Fed. Cir. 2023)
February 8, 2023
Presented By
- Alexander P. Taousakis
The Federal Circuit affirmed two Inter Partes decisions from the PTAB holding that two design patents owned by GM are valid. Further, the Court decided that the Rosen and Durling tests, on which the PTAB relied on, have not been overruled by the Supreme Court’s decision in KSR International Co. v. Telflex, Inc., 550 U.S. 398 (2007). Instead, KSR did not involve or discuss design patents and such an overruling cannot be made without an explicitly directive from the Supreme Court.