Dowd Scheffel Files Impactful Amicus Brief in Defense of Design and Patent Rights

Dowd Scheffel filed an amicus brief on behalf of the Institute of Design Science and Public Policy and Thirty-Six Distinguished Industrial Designers. Partner Matthew J. Dowd is delighted to collaborate with experts in design paten law Charles L. Mauro, Christ Morley, and Perry Saidman. The brief addresses the value of innovative design and how it should rightfully be protected. The case is critical to ensuring the existence of design as a professional discipline. If the changes suggested in the brief are put into effect, it is a key step towards better protection for design patents.

The pending case LKQ Corp. v. GM Global Technology Operations LLC, is the first time in fifteen years that the full Federal Circuit will address design patent law. When the court granted the en bac petition, it identified several issues to be addressed by the parties and by amici. One of the most important is whether the Supreme Court's decision in KSR International Co. v. Teleflex Inc., 550 U.S. 398 (2007), should be applied to design patents. As the amicus brief explains, "[w]hile KSR applies to § 103, the text of the statute itself recognized that the obviousness analysis is different for utility patents as compared to design patents."

The Federal Circuit has scheduled oral argument in the case for February 5, 2024.