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En Banc Federal Circuit Case LKQ v. GM, Design Patent Obviousness

Original Air Date 2/8/24

On February 5, 2024, the en banc Federal Circuit held oral argument for the appeal in LKQ Corp. v. GM Global Tech. It is rare that the Federal Circuit takes a case en banc (the last time being 5 years ago), and even rarer that the court takes on a design patent case en banc; this marking only the third time in the history of the court. The central issue in the case is what should be the test for determining obviousness under 35 U.S.C. 103 in the context of design patents. Meet the Counsel! The expert panelists will discuss the issues at play in the case and potential outcomes and share insights and observations from the courtroom.

Presented by:
Christopher V. Carani, McAndrews, Held & Malloy
Professor Mark D. Janis, Indiana University, Maurer School of Law
Joseph Herriges, Fish & Richardson (Counsel for General Motors)
Professor Mark McKenna, UCLA School of Law (Counsel for LKQ)

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