Sarah Brooks counsels a broad range of large and small technology companies, including consumer product, wireless technology, mechanical device, computer science, biotech, medical device, toy, and sporting goods companies, on brand protection, trademark, and patent rights. Sarah strives to obtain favorable settlements and verdicts on behalf of her clients. She also serves as hiring partner for Venable's Los Angeles office.

A recent en banc Federal Circuit decision overruled the unique test for obviousness of design patents and advised that the same analysis should apply to both utility patents and design patents. LKQ Corporation v. GM Global Technology Operations (LKQ). Courts had previously used the Rosen-Durling test in determining invalidity due to obviousness of design patents. The Federal Circuit’s decision overruled the Rosen-Durling test and instructs courts to instead apply the Supreme Court’s analysis in its KSR decision and utilize the Graham factors as they would with a utility patent when evaluating the obviousness of a design patent. This important en banc decision may cause uncertainty surrounding the application of the Graham factors to design patents and the enforcement of design patents generally.Continue Reading Federal Circuit Overrules Obviousness Test for Design Patents and Decades of Precedent