5) I've been critical of how the Federal Circuit applied Rosen. But I still think the basic requirement itself was good because it focused the inquiry on the design as a whole.

See: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1926162

The problem in LKQ (as in many other cases) was that the Federal Circuit required too high a degree of visual similarity. See https://patentlyo.com/patent/2022/12/defense-rosen-references.html

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