Thanks to @patentlyo for letting me share some more thoughts: https://patentlyo.com/patent/2022/12/defense-rosen-references.html

#DesignPatents #FederalCircuit #Obviousness #LKQvGM

It sounds like the Federal Circuit--or at least one panel thereof--isn't sure it can overrule precedents about how to apply § 103 to designs in light of a Supreme Court § 103 case (KSR v. Teleflex), because the Supreme Court didn't address design patents specifically. #DesignPatents #Litigation #LKQvGM

In light of yesterday's arguments in LKQ v. GM, here are some of my thoughts on obviousness and design patents, including the (potential) value of the primary reference requirement: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1926162 #DesignPatents #Obviousness #LKQvGM