A unanimous U.S. Supreme Court ruling Monday backed away from a decades-old legal test that high-tech firms argue has sparked an abundance of obvious patents. In a hotly anticipated decision that ...
This week, the Supreme Court announced that “reverse payment” settlements of patent litigation between branded and generic pharmaceutical companies are, when challenged in a subsequent antitrust case, ...
“[O]ur elimination of the rigid Rosen-Durling test is compelled by both the statute and Supreme Court precedent.” – CAFC opinion But in June 2023, the court granted an increasingly rare en banc review ...
LKQ Corp. v. GM Global Technology Operations LLC has brought attention to the ongoing debate surrounding design patent law, particularly with respect to the Rosen-Durling test for design patent ...
An American firm’s new European patent on a screening test for a genetic mutation that causes breast cancer has created an uproar among geneticists in Israel and Europe, who say the patent raises ...
“After the per curium panel opinion in LKQ, obviousness for design patents continues with business as usual. But change may be on the horizon.” Such a change could have a significant impact on ...
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