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Federal Circuit overhauls longstanding test for non-obviousness as applied to design patents
Steven M. Coyle, Partner and Litigation Chair at Cantor Colburn, reviews the Federal Circuit’s recent decision to discard the Rosen-Durling test, eliminating previously key factors for determining obviousness, in The Patent Lawyer Magazine U.S. Jurisdictional Briefing in the Annual 2025 issue.
Steve litigates and tries complex disputed matters, and specializes in patent and all varieties of intellectual property litigation. Steve’s areas of focus include ANDA and Hatch-Waxman litigation, where he has represented the rights of generic drug manufacturers and helped them to bring products to market. In addition to patent litigation, Steve has litigated trademark and trade dress cases, trade secret cases, copyright cases, non-compete disputes, licensing matters, and complex commercial disputes. He has handled cases in numerous courts throughout the country and has argued before the First and Federal Circuit Courts of Appeals.
