In a highly anticipated decision in Allergan v. MSN Labs., the Federal Circuit held yesterday that claims in a first-filed, first-issued, later-expiring patent cannot be invalidated for double patenti...
The USPTO provides new subject matter eligibility guidance, along with three new examples, specifically focused on inventions related to artificial intelligence.
Today, in Vidal v. Elster, the Supreme Court rejected a challenge to the constitutionality of Section 2(c) of the Trademark Act (15 U.S.C. § 1052(c)), which prohibits registration of a mark that “[c]o...
On May 21, 2024, the Federal Circuit issued an en banc decision (full court, instead of the typical three-judge panel) in LKQ Corp. et al. v. GM Global Technology Operations LLC, overturning the long-...
The USPTO on May 10, 2024, issued a notice of proposed rulemaking (NPRM) raising the requirements for accepting a Terminal Disclaimer (TD) to obviate obviousness-type double patenting (ODP). Specifica...
On April 23, 2024, the FTC adopted a comprehensive ban on noncompetes. The FTC’s noncompete ban affects both intellectual property protection and employment agreements/procedures. We recommend consult...
Use of AI-based tools are permitted, but parties should use caution to ensure compliance with all duties and obligations
AI-assisted inventions can be patented, provided there is a significant contribution by at least one natural person The USPTO has now published guidance explaining how the determination of inventorshi...
On October 30, 2023, the White House published the “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (“Order”). The volume, scope, and goals of the ...
On August 28, 2023, the Federal Circuit issued a decision in In re Cellect, LLC, affirming the Patent Trial and Appeal Board’s (PTAB) cancellation of claims for obviousness-type double patenting (ODP)...
On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act – the INFORM Act – went into effect. Congress passed the INFORM Act in an effort to deter th...
Abitron Australia GmbH, et. al., v. Hetronic International, Inc. Limiting the international reach of US trademark law, the Supreme Court held that the Lanham Act is not extraterritorial and extends on...