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CAFC Rules on LKQ v. GM Global, and USPTO Issues Immediate Guidance

“The new USPTO guidance brings LKQ v. GM Global ( ) to the attention of design examiners, but perhaps expectedly, it leaves many questions unanswered on how LKQ will be implemented at the USPTO. LKQ overruled the previously long-standing Rosen-Durling approach to establishing design obviousness, in that: • there is no more requirement […]

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