Lkq Corporation v. Gm Global Technology Operations LLC

Case: 22-1253   Document: 87     Page: 1   Filed: 08/23/2024




           NOTE: This order is nonprecedential.


   United States Court of Appeals
       for the Federal Circuit
                 ______________________

  LKQ CORPORATION, KEYSTONE AUTOMOTIVE
            INDUSTRIES, INC.,
                Appellants

                            v.

  GM GLOBAL TECHNOLOGY OPERATIONS LLC,
                   Appellee
            ______________________

                       2022-1253
                 ______________________

     Appeal from the United States Patent and Trademark
 Office, Patent Trial and Appeal Board in No. PGR2020-
 00055.
                  ______________________

                     ON MOTION
                 ______________________

  Before MOORE, Chief Judge, LOURIE, DYK, PROST, REYNA,
    TARANTO, CHEN, HUGHES, STOLL, and STARK, Circuit
                        Judges. *



    * Circuit Judge Newman and Circuit Judge Cunning-

 ham did not participate. Circuit Judge Clevenger, who was
 a member of the original panel, also did not participate.
Case: 22-1253    Document: 87      Page: 2   Filed: 08/23/2024




 2                            LKQ CORPORATION v.
            GM GLOBAL TECHNOLOGY OPERATIONS LLC


 PER CURIAM.
                        ORDER
      Before the court is a joint motion by Appellants LKQ
 Corporation and Keystone Automotive Industries, Inc.
 (“LKQ”) and Appellee GM Global Technology Operations
 LLC (“GM”) (collectively, the “Parties”). Dkt. 86. The Par-
 ties jointly requested that in light of LKQ Corp. v. GM
 Global Technology Operations LLC, 

102 F.4th 1280

 (Fed. Cir. 2024) (“En Banc Decision”), we resolve LKQ’s
 pending request for rehearing en banc, Dkt. 50 (Mar. 23,
 2023), by: (1) vacating Dkt. 45 (Jan. 20, 2023) (“Panel De-
 cision”) as to the Patent Trial and Appeal Board’s non-ob-
 viousness determination in the appealed Final Written
 Decision, PGR2020-00055, Dkt. 33 (Oct. 8, 2021) (“FWD”);
 (2) vacating the Board’s non-obviousness determination in
 the FWD; (3) affirming, consistent with the Panel Decision,
 the Board’s finding of no anticipation; and (4) remanding
 to the Board for further proceedings consistent with this
 court’s En Banc Decision. Dkt. 86 at 1.
     Upon consideration thereof,
     IT IS ORDERED THAT:
    (1) The Parties’ joint motion to vacate in part and re-
 mand (Dkt. 86) is granted as follows;
     (2) The Panel Decision (Dkt. 45) affirming the Board’s
 FWD is vacated with respect to the panel’s affirmance of
 the Board’s holding of non-obviousness under the Rosen-
 Durling test;
      (3) The Board’s finding of no anticipation in the FWD
 is affirmed;
   (4) The Board’s non-obviousness determination in the
 FWD is vacated;
     (5) The case is remanded to the Board for further pro-
 ceedings consistent with this court’s En Banc Decision; and
Case: 22-1253   Document: 87   Page: 3   Filed: 08/23/2024




 LKQ CORPORATION v.                                    3
 GM GLOBAL TECHNOLOGY OPERATIONS LLC


    (6) The pending request for rehearing en banc
 (Dkt. 50) is denied as moot.
                                         FOR THE COURT




 August 23, 2024
     Date

 ISSUED AS A MANDATE: August 23, 2024.