Credit: jiris/Adobe Stock Litigator of the Week Runners-Up and Shout Outs
Mark Lemeley of Lex Lumina led an appellate team that secured en banc decision from the Federal Circuit spurring major changes to design patent law.
May 24, 2024 at 07:25 AM
6 minute read
First up this week, Mark Lemeley of Lex Lumina led an appellate team that scored a big win for replacement auto parts maker LKQ Corp. in a highly anticipated en banc decision from the Federal Circuit. The underlying dispute with GM Global Technology centers on its design patent for an ornamental front vehicle fender, which LKQ was seeking to invalidate on obviousness grounds. The Federal Circuit this week overruled its longstanding Rosen-Durling test for assessing obviousness in design patents and remanded the case for further proceedings. At least one prominent patent observer has said the decision will make it harder to obtain design patents and easier to invalidate them. LKQ was also represented by Mark McKenna of Lex Lumina, Andy Himebaugh, Barry Irwin, Ifti Zaim of Irwin IP as well as former Irwin IP associate Ariel Katz.
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