Federal Circuit Dismantles “Rigid” Rosen-Durling Test for Design Patent Obviousness in Light of KSR; USPTO Promptly Issues New Guidance

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 [...]

The AI Patent Saga: Stephen Thaler, DABUS, and the USPTO

Artificial Intelligence (“AI”) is not just transforming technology but also influencing legal jurisprudence around the globe. A seminal case in this realm involves Stephen Thaler and his AI, Device for the Autonomous Bootstrapping of Unified Sentience ("DABUS"). While Thaler has attempted to patent DABUS in numerous patent offices in different countries, namely in the U.S., [...]

By |2024-04-29T10:26:45-07:00April 26th, 2024|Supreme Court, patentability, Patent|0 Comments

CAFC re: Recapture During a Broadening Reissue; and CAFC re: Expert Witnesses and Obviousness

SoCal IP Law Institute MCLE meeting of August 15, 2022 - CAFC re: Recapture During a Broadening Reissue; and CAFC re: Expert Witnesses and Obviousness. Please join us on Monday, August 15, 2022 at Noon , where we will discuss CAFC re: Recapture During a Broadening Reissue; and CAFC re: Expert Witnesses and Obviousness. For [...]

Abstract Ideas Invalidate Patents and Pleading TM Infringement for Keyword Ad Use

Please join us on Monday, August 23 at 1:00 pm, when Mark Goldstein will lead a discussion of two recent cases, one addressing whether patents are invalid for claiming abstract ideas and the other about asserting trademark infringement resulting from the use of internet keywords that are the trademarks of another. (Access the cases by [...]

Tattoo Copyright Infringement and Post-Brexit Trademark Considerations

Tattoo Copyright Infringement and Post-Brexit Trademark Considerations For our weekly SoCal IP Institute meeting on Monday, June 7, 2021, Chris Kopitzke will lead a discussion of the legal issues arising from unauthorized copying of a photograph for a tattoo and will highlight selected trademark responsibilities resulting from Brexit.   What happens when a celebrity tattoo [...]

The Trademark Modernization Act of 2020

For our weekly SoCal IP Institute meeting on Monday, May 24, 2021, 1:00 pm PT, Michael Harris will lead a discussion of the Trademark Modernization Act. The Trademark Modernization Act of 2020 (TMA) (tm modernization act) is now law, but it needs PTO rules before TMA will become effective. The proposed rules are at TMA [...]

Two Recent Federal Circuit Patent Cases

For our weekly SoCal IP Institute meeting on Monday, May 17, 2021 at 1:00 pm, Mark Goldstein will lead a discussion of two recent Federal Circuit patent cases. Free Stream Media Corp. dba Samba TV v. Alphonso Inc. (Fed. Cir. May 11, 2021, 2019-1506, 2019-213) Samba sued Alphonso in two courts, asserting infringement of its [...]

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