Three Federal Circuit judges pushed back substantively and procedurally on the notion of overruling the 40-year-old Rosen test for design patent obviousness. But one acknowledged that it "seems inconsistent" with the Supreme Court's KSR decision.
December 09, 2022 at 09:26 AM
8 minute read
Welcome to Skilled in the Art. I’m Law.com IP reporter Scott Graham. Here’s what’s cracking this week:
• Stanford law professor Mark Lemley tells the Federal Circuit it’s time to throw out a 40-year-old design patent precedent. The Federal Circuit is looking for some reason, any reason, not to.
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