Brendan O’Dea to Discuss GM v. LKQ, Potential Impact on Design Obviousness at IPO Annual Meeting

Womble Bond Dickinson Partner Brendan O’Dea will speak on the upcoming Federal Circuit decision in GM v. LKQ and the case’s potential impact on design patent obviousness. This discussion will be part of Intellectual Property Owners Association’s Annual Meeting, which takes place Sept. 10-12 in Boston.

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

In GM v. LKQ, LKQ challenged the definition of an ordinary observer and the proper test for obviousness in design law. Now the Federal Circuit has agreed to take up LKQ’s petition for rehearing en banc and issued a series of detailed questions to be considered. This forthcoming decision could fundamentally change the path to obtaining design patents and call into question many that have already been granted.

The speakers will discuss the current state of design patent obviousness law in light of Federal Circuit jurisprudence, as well as the possibilities for change. They will also discuss how the implications of this potential case law could impact filing strategies.