Womble Bond Dickinson Partner Brendan O’Dea will take part in a June 20 Webinar discussion on “Design Patent Obviousness Analysis: The Path Forward Following LKQ v. GM.” The Webinar is presented by the Intellectual Property Owners Association (IPO).

On May 21, 2024, the Federal Circuit sitting en banc issued its opinion in LKQ v. GM, striking down the forty-plus year-old Rosen-Durling test for design patent obviousness, and announcing a new framework based on Graham v. John Deere. This webinar will explore where stakeholders go from here. The discussion will include a comparison of how the Graham analysis has affected utility patent determinations of obviousness, and what this could mean for design patent applications during prosecution. Panelists will also consider how the new framework may affect design patent litigation, including claim construction, discovery, summary judgment, and trial. Finally, speakers will consider whether a new system for protecting designs could offer an alternative to the uncertainties created by the LKQ decision.

O’Dea will be joined in the panel discussion by Elizabeth Ferrill of Finnegan, Henderson, Farabow, Garrett & Dunner, LLP and Perry Saidman of the Saidman Design Law Group.