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'Obvious Over What?' LKQ's En Banc Petition Threatens to Turn Test for Design Patent Obviousness on its Head

Just like utility patents, design patents can be found obvious under 35 U.S.C. ยง 103 by combining prior art references. But the test for obviousness for design patents differs from the more familiar standards for utility...more

Federal Circuit Signals Appetite for Increased PTAB Discretion in Motions to Amend

Patent owners facing inter partes review (IPR) challenges have the option of filing a motion to amend as a contingency plan. This motion, accompanied by proposed substitute claims, allows the patent owner a fallback position...more

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