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Features

Plans for New CA State Bar Exam Still In the Works, Despite IP Concerns Image

Plans for New CA State Bar Exam Still In the Works, Despite IP Concerns

Christine Charnosky

The State Bar of California's plans to launch a new state bar exam are still in the works even though Kaplan North America, which had been chosen to develop the exam, recently asked to withdraw from participating, citing intellectual property concerns raised by the National Conference of Bar Examiners.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & Zhiqiang Liu

Federal Circuit Sitting en banc Overrules Long-standing Test for Assessing Obviousness of Design Patents and Adopts the Same Framework Established for Utility Patents Federal Circuit Affirms District Court's Grant of §285 Fees Request for Fees Incurred in Litigation and Denial of Fees Request for Fees Incurred In a Parallel IPR Proceeding

Features

LJN Quarterly Update: 2024 Q1 Image

LJN Quarterly Update: 2024 Q1

LJN Editorial Staff

Highlights some of the in-depth analysis and insights from lawyers and other practice area experts from the nine LJN Newsletters titles over the first quarter of 2024.

Features

Trade Secret Protection Plans Provide Certainty to Employers Image

Trade Secret Protection Plans Provide Certainty to Employers

Hannah Elizabeth Jarrells & Edward D. Lanquist

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.

Features

Federal Circuit Overrules 'Rosen-Durling' Test for Design Patent Obviousness Image

Federal Circuit Overrules 'Rosen-Durling' Test for Design Patent Obviousness

Mikaela Stone

The downfall of the Rosen-Durling test will generally make it harder to obtain design patents and easier to invalidate design patents.

Features

Lessons Learned Through the Patent Trial and Appeal Board's Legal Experience and Advancement Program Image

Lessons Learned Through the Patent Trial and Appeal Board's Legal Experience and Advancement Program

Jean Nguyen

To help prepare practitioners for oral advocacy before the PTAB, the USPTO offers free training on all aspects of conducting arguments before the PTAB, including how to improve oral advocacy, use of demonstratives, effective use of hearing time, decorum, logistics of an oral hearing, and more.

Features

Gen-AI Created Influencers Bring New Risks Image

Gen-AI Created Influencers Bring New Risks

Cynthia Cole, Alysha Preston & Inez Asante

A steep rise in the use of GenAI and computer-generated influencers brings with it new marketing risks and considerations for celebrities, influencers and businesses alike.

Features

7 Ways Companies and Content Creators Can Navigate Copyright Law for a Successful Partnership Image

7 Ways Companies and Content Creators Can Navigate Copyright Law for a Successful Partnership

Sushila Chanana & Tom Pardini

Companies often partner with influencers to market their products, hoping to tap into the influencer's devoted audience. Likewise, influencers create certain content to secure brand deals and attract advertisers. However, this relationship can be fraught with legal issues, including in the arena of copyright law.

Features

Structuring Patent Licensing Agreements Image

Structuring Patent Licensing Agreements

Jose L. Linares, Mark M. Makhail, Stephanie Reed Traband & Michele McGuire Vanderstreet

Licensing inventions vis-a-vis the licensing of patents is not a new practice by any means. However, the explosion of innovation in industries such as technology and pharmaceuticals has placed patent licensing at the forefront of economic advancement.

Features

Protection for Confidential Business Information In a Changing Non-Compete Landscape Image

Protection for Confidential Business Information In a Changing Non-Compete Landscape

Stephen M. Kramarsky & John Millson

While reasonable post-employment restrictions remain enforceable (at least in the context of confidential information), the increased hostility to them has revived interest in the use of other legal protections for proprietary business materials.

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