The downfall of the Rosen-Durling test will generally make it harder to obtain design patents and easier to invalidate design patents.
June 01, 2024Mikaela Stone
Lessons Learned Through the Patent Trial and Appeal Board's Legal Experience and Advancement Program
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.
June 01, 2024Jean NguyenA 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.
June 01, 2024Cynthia Cole, Alysha Preston and Inez AsanteCompanies 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.
June 01, 2024Sushila Chanana and Tom PardiniLicensing 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.
June 01, 2024Jose L. Linares, Mark M. Makhail, Stephanie Reed Traband and Michele McGuire VanderstreetWhile 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.
June 01, 2024Stephen M. Kramarsky and John MillsonThis 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 RahebiThis article explores the benefits and risks of AI-driven drug discovery from the legal perspective. Since the law governing IP rights in AI-driven drug discovery is still in its infant state, any future legal development is likely to have significant implications in many areas.
May 01, 2024Fredrick Tsang, Antonia Sequeira and Carl MoralesA statutory predicate to the contractual outcome regarding ownership of patent rights is the requirement of a sufficient contribution by a natural person in the effort that yielded the output. The issues implicated by this requirement are one development among more to come as patent law and policy try to catch up to proliferating AI technology.
May 01, 2024Jim SoongAlthough the bitter legal battle between Adidas and Thom Browne is far from over on either side of the pond, the case illustrates the challenges of ensuring trademark protection for simple and widely employed design elements.
May 01, 2024Nicole D. Galli, Laura Talley Geyer and Alexa Elder
