Now What? A Deep Dive Into LKQ v. GM and Its Implications

On May 21, 2024, the U.S. Court of Appeals for the Federal Circuit, sitting en banc, overruled more than 40 years of precedent defining the design patent obviousness standard. The ruling left a myriad of unanswered questions and uncertainties within the realm of design patent law, particularly regarding the determination of obviousness and its impact on future litigation strategies. The presenters discussed the aftermath of the groundbreaking decision in LKQ Corp. v. GM Global Tech. Operations LLC. The presenters also dissected the implications of the pivotal ruling.

Topics covered:

• Understanding how we got here and the implications of the Federal Circuit’s decision (20 minutes)
• Navigating unanswered questions and unresolved issues (20 minutes)
• Strategic considerations for patent holders and litigators (20 minutes)