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  • Article

    Federal Circuit Reverses Course On Obviousness– Affirms Apple Victory In Smartphone Battle

    The U.S. Court of Appeals for the Federal Circuit recently affirmed several rulings in favor of Apple Inc. in its ongoing smartphone patent war with Samsung.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Supreme Court Relaxes Standard For Willful Infringement – Higher Risk Of Enhanced Damage Awards May Require Clients To Reassess Strategies

    In a unanimous opinion, the U.S. Supreme Court rejected the prevailing Seagate test for finding willful infringement in patent cases...
    United StatesIntellectual Property
    Brooks Kushman P.C.
Brooks Kushman P.C.
  • Article

    The USPTO's Proposed Rule On Terminal Disclaimers: A Change From The Status Quo

    The USPTO issued a notice of proposed rulemaking that could significantly impact patent practice, particularly in the realm of terminal disclaimers filed to overcome non-statutory double patenting rejections.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    USPTO Adopts Federal Court Claim Construction Standard For All AIA Post Grant Proceedings

    On October 11, 2018, the U.S. Patent and Trademark Office ("the Office") published final rules changing the patent claim construction standard used by the Patent Trial and Appeal Board ("PTAB") ...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Trademarks 101: Intangible Company Assets

    One challenge nearly all start-up businesses face is the selection and protection of trademarks – the brand names for their goods and services.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Crafting Clarity In IP Agreements: Guidance From The "Fables" Dispute

    In a recent and surprising turn of events, Bill Willingham, the creator of the acclaimed "Fables" comic series, declared his intention to place his creative work into the public domain.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    How To Tell The Difference Between Trademarks, Copyrights, & Patents

    Understanding the differences between trademark, copyright, and patent protections is essential for safeguarding your intellectual property.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Federal Circuit Rules That Tribal Sovereign Immunity Does Not Apply In IPR Proceedings

    In a closely-watched case, the U.S. Court of Appeals for the Federal Circuit affirmed a decision by the USPTO's Patent Trial and Appeal Board and held that tribal sovereign immunity does not apply to...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    What Is "Public Disclosure" Of An Invention Under The America Invents Act Safe Harbor Provision?

    The recent Federal Circuit Court of Appeals decision in Sanho Corp. v. Kaijet Technology International Limited, Inc., No. 2023-1336 (Fed. Cir. July 31, 2024)...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    The Fear Of Partnering In Semiconductor Manufacturing: How To Mitigate Risk And Protect Your Intellectual Property

    The semiconductor manufacturing industry, renowned for its precision, innovation, and intellectual rigor, thrives on technological advancements and collaboration...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Understanding The Global Impact Of The European Artificial Intelligence Act

    The European Union's Artificial Intelligence AI Act (AI Act) is significant legislation that will affect businesses using AI technologies.
    GlobalTechnology
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Preview: Supreme Court 2018/2019 Intellectual Property Docket

    Although the U.S. Supreme Court historically has heard relatively few intellectual property cases, it has shown a heightened interest in recent years by granting certiorari in multiple cases each term.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Design Patent Obviousness: Federal Circuit Rehearing And Examiner AI-Assisted Searching

    The law for design patent obviousness may change in the upcoming months when a decision is issued from the Federal Circuit Court of Appeals from the February 2024 en banc rehearing...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    What's In A Name? The Strategic Value Of Strong Trademarks

    What's in a name?" That which we call a good, by any other name, would it be as valuable? Conceiving a trademark is much like crafting a poem – it should be original...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Federal Circuit Rules That Claims For Programmable Tiered Computer Memory Are Patent-Eligible

    The U.S. Court of Appeals for the Federal Circuit reversed a district court ruling dismissing a patent infringement action on the ground that the asserted claims were not patent-eligible under Alice Corp. Pty...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Supreme Court's Cuozzo Decision Endorses AIA Trial Proceedings, But Preserves Key Roles For Both The PTAB And Federal Courts In Patent Disputes

    In Cuozzo Speed Techs., LLC v. Lee,[1] the U.S. Supreme Court rejected the patent owner's challenge to the U.S. Patent and Trademark Office's implementation of the Leahy-Smith America Invents Act's new post grant proceedings.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Rethinking Prior Art Provisional Priority: The Federal Circuit's Disclosure-Level Test In In Re Riggs

    A published application must show written description support for both its claims and the specific subject matter relied upon as prior art, under a clarified standard for provisional priority.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    AI Security And Access Controls: Best Practices For 2026 And Beyond

    Artificial intelligence has rapidly shifted from experimental tooling to embedded enterprise infrastructure. In 2025, organizations across industries moved AI systems into production environments...
    United StatesTechnology
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Taking The Initiative: Proactive Litigation Strategies In Intellectual Property Disputes

    In a world propelled by innovation and technology, the evolving nature of intellectual property (IP) law and the interconnectedness of global markets often lead to disputes and legal quandaries.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    AI Integration, Copyright, And Privacy: Navigating The Challenges In Software Terms Of Service

    The integration of artificial intelligence (AI) into software products has exploded. According to research from Gartner, before 2023, approximately 2,300 AI products had been developed.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Showing 101–120 of 136 results

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