Design in Flux: The LKQ v. GM Obviousness Standard

Insights: Events Design in Flux: The LKQ v. GM Obviousness Standard

Kilpatrick 2026 “SKI”-LE®

For decades, the Rosen-Durling test served as a formidable "gatekeeper" for design patents, requiring a primary reference to be "basically the same" as the patented design before an obviousness inquiry could even begin. The Federal Circuit’s landmark en banc decision in LKQ Corp. v. GM Global Technology Operations LLC has dismantled this framework, harmonizing design patent obviousness with the more expansive "Graham factors" used in utility patent litigation. This session will analyze how district courts and the PTAB are currently defining "analogous art" and "motivation to modify" for ornamental designs.

Event Details

Monday, March 2, 2026

Hotel Alpenrock Breckenridge
550 Village Road, Breckenridge, Colorado

5:00 - 6:15 p.m.

CLE Credit

MCLE credit approval is pending. Kilpatrick Townsend & Stockton LLP will apply for CLE credit when eligible in California, Colorado, Georgia, Illinois, New York, North Carolina, Texas, Virginia, and Washington. For states not listed, a Certificate of Attendance that lawyers may use to claim credit based on reciprocity or self-apply for credit will be provided. Credit generally is submitted or certificates issued within 60 days of post-program approval. Please note approval can take up to 90 days.