I'll add that this continues a trend I've noticed where the Federal Circuit doesn't publish their § 103 decisions in design patent cases.

I'm not entirely sure what to make of it but it seems notable.

#DesignPatents #FederalCircuit #Rosen #Obviousness

I've also noted that tension: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1926162

But I think the problem is not the Rosen requirement per se but rather the way the Federal Circuit has been applying it. See id.

See also https://patentlyo.com/patent/2022/12/defense-rosen-references.html

#DesignPatents #FederalCircuit #Rosen #Obviousness

The Rosen reference survives another day.

The Federal Circuit rejects LKQ's attack--for now--in a per curiam opinion, which totals 32 pages, counting the panel's opinion, additional views from Judge Lourie and a concurrance-in-part from Judge Stark: http://cafc.uscourts.gov/opinions-orders/21-2348.OPINION.1-20-2023_2066528.pdf

Judge Stark notes (correctly) that "there is, at minimum, substantial tension between the Supreme Court’s holding in KSR and our Durling test."

#DesignPatents #FederalCircuit #Rosen #Obviousness

@kate I used to be an economist (@ Labor Dept.) and know of where I speak. Economists sometimes can’t see the forest for the trees. #obviousness #obliviousness

#NonDuality #Mindfulness #SelfAwareness #Obviousness
#AltText

The Federal Circuit has misapplied the Rosen "primary reference" requirement. But that doesn't mean we should throw it out entirely: https://patentlyo.com/patent/2022/12/defense-rosen-references.html

#DesignPatents #Obviousness

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

#DesignPatents #FederalCircuit #Obviousness #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