Insights: Events New Era Dawns for Design Patent Validity: How the Federal Circuit Has Rewritten Design Patent Obviousness Law

30th Annual Advanced Patent Law Institute

Design patents have historically been very difficult to invalidate. The Rosen-Durling test that has been used for decades to assess obviousness of U.S. design patents was a rigid test that resulted in few design patents being invalidated as obvious. The Federal Circuit’s May 2024 en banc decision in LKQ Corp. v. GM Global Tech. overruled the Rosen-Durling test and allows for a much more flexible approach to demonstrating design patent obviousness. Hear how the law of design patent invalidity has changed and how patent owners and patent challengers need to change their approaches to U.S. design patents in the future.

Event Details

Thursday, November 6, 2025


AT&T Conference Center
The University of Texas at Austin, 1900 University Avenue, Austin, Texas

9:15 - 9:45 a.m.

CLE Credit

Texas – 13.25 hrs  |  2.00 hrs Ethics
California – 13.25 hrs  |  2.00 hrs Ethics
New Jersey – Available Via Reciprocity – 15.75 hrs  |  2.25 hrs Ethics
New York – Available Via Reciprocity – 15.75 hrs  |  2.25 hrs Ethics
Ohio – 13.25 hrs  |  2.00 hrs Ethics
Oklahoma – 16.00 hrs  |  2.50 hrs Ethics
Pennsylvania – 13.00 hrs  |  2.00 hrs Ethics
Other States – 13.25 hrs  |  2.00 hrs Ethics
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