Matthew Dowd Quoted In IAM Article Regarding En Banc Design Patent Case

In a recently published IAM article, Managing Partner Matthew Dowd provided his insight on the recent en banc decision in the LKQ v. GM design patent case. He addresses the possible benefits and the major concerns that could result from the Federal Circuit’s decision to deem the Rosen-Durling test too rigid.  At the end of the day, Dowd concludes that it “depend[s] on how the PTAB, the USPTO, and the district courts implement this.”  Dowd Scheffel filed an amicus brief on behalf of the Institute for Design Science and Public Policy and 36 leading industrial designers.  The brief and the article can be found at the links below.

https://www.iam-media.com/article/federal-circuit-creates-patent-holder-headache-in-design-patent-obviousness-ruling

https://fedcircuitblog.com/wp-content/uploads/2023/02/BRIEF-OF-AMICI-CURIAE-INSTITUTE-FOR-DESIGN-SCIENCE.pdf