Gabriella M. Salek
Associate
Gabriella (Gabby) Salek is an Intellectual Property associate and a member of the firm’s IP Litigation Practice Group. Before joining Foley, Gabby was a judicial extern for the U.S. District Court for the Northern District of Illinois and a 1L research fellow at Chicago-Kent College of Law. Her research focused on global policies for the development of artificial intelligence (AI) to study the current state of AI as related to intellectual property law. She also served as a student consultant for the Washington University School of Law’s Interdisciplinary Environmental Clinic. During law school, Gabby worked as a summer associate at Foley.
Full Federal Circuit Ditches Decades-Old Design Patent Test
This week, the full Federal Circuit overruled its decades-old test for deciding whether a design patent is invalid as obvious. LKQ Corp. v. GM Glob. Tech. Operations LLC, No. 2021-2348, 2024 WL 2280728 (Fed. Cir. May 21, 2024).
Full Federal Circuit Set to Consider Changing the Test for Obviousness of Design Patents
The Federal Circuit decided to consider, en banc, whether the Supreme Court’s 2007 KSR decision regarding obviousness overruled the Federal Circuit’s decades-old Rosen and Durling tests for design patents, setting in motion a potential lowering of the bar for obviousness.