04:12 PM EDT, 05/22/2024 (MT Newswires) -- (Updates with GM's response in the fourth paragraph.)

General Motors ( GM ) lost a patent dispute ruling over a front fender design against LKQ (LKQ) after the US Court of Appeals for the Federal Circuit threw out Rosen-Durling test for evaluating "nonobviousness" of design patents, according to a court filing.

LKQ had appealed an earlier ruling by the US Patent and Trademark Office's appeals board in favor of GM on the fender design patent. The case was sent back to the Patent Office tribunal for further proceedings, according to the filing.

The full bench of the appeals court ruled the decades-old Rosen-Durling test requirements are "improperly rigid" and suggested a "more flexible approach" to determine obviousness in design patents.

GM declined to comment to MT Newswires, while LKQ did not respond to a request for comment by MT Newswires.

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