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Cover Story The Intellectual Property Strategist

  • On August 13, the Federal Circuit issued a precedential ruling that reversed the District of Delaware's application of the Federal Circuit precedent in In re: Cellect to invalidate a claim in an earlier-filed parent application over admittedly patentably indistinct claims in later-filed (and earlier-expired) child patents. This decision has resolved some substantial questions about the application of obviousness-type double patenting that had been raised by last year's In re Cellect decision.

    September 01, 2024Maia H. Harris and Emma C. Mann
  • Warren Buffett's wisdom rings true: "It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you'll do things differently." In our current landscape of social media and viral content, a brand's reputation — its most valuable asset — can be severely damaged in mere seconds.

    August 01, 2024Allen Adamson
  • Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.

    July 01, 2024John McElwaine
  • The protection of trade secrets has long been understood to be a legitimate business interest, and, traditionally, companies have used non-competition clauses to protect their trade secrets. Now, with non-competition agreements in doubt and facing greater scrutiny, companies will need to rely on other protection mechanisms.

    June 01, 2024Hannah Elizabeth Jarrells and Edward D. Lanquist
  • This article describes certain key developments in the period from passage of the CHIPS Act through the present day, and provides a brief survey of key grantmaking and investment activity by U.S. government agencies since passage of the Act.

    May 01, 2024Reid Knabe and Bita Rahebi
  • The emerging cases by authors and copyright owners challenging various generative AI programs for using copyrighted materials are certain to create new troubles for the courts being asked to apply the fair use doctrine to this important new technology.

    February 01, 2024Jonathan Moskin and Rachel Pauley
  • Part One of a Two-Part Article Under the current Alice framework, those attempting to patent AI innovations face an uphill battle. But, as the caselaw demonstrates, inventors and patent drafters can take steps to reduce the risk of AI patent claims being invalidated as abstract ideas.

    January 01, 2024Mark Liang. Paige Hardy and Grace McFee
  • Perhaps the largest impact that Director Vidal has had upon the PTAB is has been via Director Reviews. The U.S. Supreme Court mandated Director Reviews to correct procedural defects in the way that administrative patent judges are appointed to the PTAB.

    December 01, 2023Jennifer Bush
  • The Federal Circuit recently upheld the Patent Office's decision to reject claims in four separate reexamination cases due to obviousness-type double patenting (ODP).

    November 01, 2023Sandip H. Patel