Federal Circuit Overrules 'Improperly Rigid' Obviousness Test
August 01, 2024
In an eagerly anticipated decision involving the proper standard for assessing when a claimed design is obvious, the Federal Circuit overruled the Rosen-Durling test that courts and the USPTO have been applying for nearly 30 years, calling the test "improperly rigid" and inconsistent with Supreme Court precedent.
IP News
August 01, 2024
Are Affiliates Liable for Monetary Relief When They Are Not Named Parties to a Case?
LJN Quarterly Update: 2024 Q2
July 24, 2024
The LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.
Blockchain Domains: New Developments for Brand Owners
July 01, 2024
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.
AI Can Facilitate Innovation, But It Can Also Become a Potent Patent Killer
July 01, 2024
When is an inventor not an inventor? It's when the inventor isn't human. So, if a non-human inventor can't, in the eyes of patent law, be an inventor, what role can the non-human inventor have in the patent system? The answer is straightforward. Even though it can't create, it can destroy.
Patent Your Trade Secrets In Wake of Noncompete Ban
July 01, 2024
While it may be growing more difficult to protect business information with the FTC's noncompete ban, patents can provide strong protection over technical innovations, regardless of whether the inventor stays with the company or leaves.
Key Takeaways from the Latest USPTO Guidance on AI
July 01, 2024
The April Guidance, which supplements prior guidance issued in February, seeks to remind practitioners of existing rules and to educate them on potential risks associated with artificial intelligence tool use, allowing practitioners to mitigate these risks.
Plans for New CA State Bar Exam Still In the Works, Despite IP Concerns
July 01, 2024
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.