This week our focus is on a critical aspect of patent law, overcoming section 101 rejections for abstract ideas. Section 101 of the Patent Act sets forth the subject matter eligibility requirements for patent protections, and navigating its complexities can be challenging. Today, we delve into five compelling examples of patents that successfully overcame these [...]
After a drawn-out legal battle spanning several years, the famed rock band Nirvana, the fashion giant Marc Jacobs International LLC, and a former record company employee have finally reached a settlement regarding the contentious “smiley face” logo. Nirvana LLC v. Marc Jacobs International LLC et al. (case number 2:18-cv-10743). This agreement was reported in a [...]
Colorful Conflicts and Bold Boundaries: A Sampling of Trademark Law in 2024 The first half of the year has seen notable developments in trademark law. Key cases have addressed the limits of parody in trademark use, the challenges of proving distinctiveness for product designs, and the ongoing debate over free speech in trademark registration. These [...]
Federal Circuit Dismantles “Rigid” Rosen-Durling Test for Design Patent Obviousness in Light of KSR; USPTO Promptly Issues New Guidance On February 5, 2024, the Federal Circuit sat en banc to hear oral arguments in a closely watched case concerning design patent obviousness standards in a dispute between LKQ (an aftermarket auto-parts provider), and General Motors [...]