Appealing Designs: Federal Circuit Goes Back to School on Design Patents

Federal Circuit addressed multiple design patent cases in 2024-2025, including LKQ v. GM which abandoned rigid Rosen-Durling obviousness standards. Key decisions involved Lashify v. ITC on Section 337 domestic industry requirements, Top Brand v. Cozy Comfort on claim scope surrender during prosecution, and North Star v. Latham on "plainly dissimilar" infringement analysis. North Star requested rehearing arguing the sufficiently distinct test lacks objective guidance. Pending cases include Smartrend v. Opti-Luxx on design claim construction and Range of Motion v. Armaid.