The End of Rosen-Durling
In her July Illinois Bar Journal article, “The End of Rosen-Durling,” Alicia Xue discusses the legal implications of the U.S. Court of Appeals for the Federal Circuit’s overruling in LKQ Corp v. GM Global Technology Operations LLC of the Rosen-Durling design-patent obviousness test. In LKQ Corp., the Court articulated a new test that may make it harder for applicants to obtain design patents but still left several legal questions unanswered.