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  • Article

    Navigating AI Compliance: How California's AB 2013 Reshapes GenAI Operations

    California's AB 2013 introduces substantial new compliance obligations for companies developing generative AI (GenAI) systems. While just enacted, the bill will require...
    United StatesTechnology
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Supreme Court Hears Oral Arguments In First Appeal From AIA Post-Grant Proceeding: Justices Focus On Practical Consequences Of Dual Claim Construction Standards

    The U.S. Supreme Court heard oral arguments in its first appeal from a decision by the PTAB in an inter partes review proceeding under the Leahy-Smith America Invents Act of 2011.
    United StatesIntellectual Property
Brooks Kushman P.C.
Brooks Kushman P.C.
  • Article

    Federal Circuit Shoots Down Eastern District Of Texas Patent Venue Test

    In re Cray Inc., No. 2017-129 (Sept. 21, 2017). Under the court's ruling, the presence of a remote employee working from home in the district generally would not be sufficient to establish venue.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Function Over Form: Federal Circuit's New Guidance On Patent Claim Interpretation

    In a precedential decision, the U.S. Court of Appeals for the Federal Circuit recently breathed new life into a set of medical device patents previously deemed invalid.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Statements Made in IPR Preliminary Responses May Trigger Later Prosecution Disclaimer

    In a case of first impression, the U.S. Court of Appeals for the Federal Circuit has held that a patent owner's statements made in a preliminary statement during an AIA IPR proceeding may create...
    United StatesLitigation, Mediation & Arbitration
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    New PTAB "Informative" Decisions Support Denial Of Institution When Grounds Were Considered Previously

    The USPTO Patent Trial and Appeal Board recently designated three decisions as "informative" under the Board's procedures. Informative decisions are not binding authority ...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Supreme Court Strikes Down Lanham Act's Prohibition On Registration Of Disparaging Trademarks

    The U.S. Supreme Court has held that a portion of Section 2(a) of the Lanham Act, 15 U.S.C. §1052(a), is unconstitutional as a violation of the First Amendment's protection of free speech.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Federal Circuit Judges Voice Concern Over PTAB Practice Of Denying AIA Petitions Based On "Redundancy"

    In a recent oral argument, Federal Circuit judges criticized the USPTO practice of not instituting AIA post grant proceedings on grounds considered "redundant" of other grounds in a petition.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Federal Circuit Rules That PTAB Rejection Of IPR Time-Bar Defense Is Reviewable

    In an en banc decision, the U.S. Court of Appeals for the Federal Circuit ruled that the appeals court may review the Patent Trial and Appeal Board's determination, in connection with a decision to institute...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Federal Circuit Considers Offers For Sale Under AIA, Suggests That Congress Did Not Discard All Pre-AIA Prior Art Definitions

    The Leahy Smith America Invents Act ("AIA") amended the Patent Act's novelty provisions for all applications having an effective filing date on or after March 16, 2013.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    From Patents To Policy: The Potential Ripple Effects Of Revising The Chevron Doctrine

    The Chevron doctrine, stemming from the 1984 Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., has profoundly shaped the way U.S. regulatory agencies
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    License To Compete: Navigating The New Landscape Of Intellectual Property In The Wake Of The FTC's Non-Compete Ban

    The Federal Trade Commission (FTC) has introduced a transformative rule that bans most non-compete agreements across various industries. Announced on April 23, 2024...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Rejecting Pendency Of Related Cases As A Dominant Factor, Federal Circuit Orders ED Texas To Transfer Patent Infringement Case To ND California

    The U.S. Court of Appeals for the Federal Circuit issued a writ of mandamus ordering the U.S. District Court for the Eastern District of Texas to transfer a patent infringement action...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Litigation Year In Review: 2024 IP Highlights

    2024 marked a transformative year in intellectual property (IP) litigation, characterized by significant court decisions, evolving litigation trends, and the increasing intersection of technology and law.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Federal Circuit Clarifies IPR Procedures In Trio Of Cases

    On August 16, 2018, the U.S. Court of Appeals for the Federal Circuit issued a spate of precedential decisions, including three clarifying procedures in inter partes review proceedings before the USPTO's Patent Trial and Appeal Board.
    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

    Dupes, Not Counterfeits: Why Look-Alike Products Are The Trademark Battleground Of 2026

    "Dupes" are no longer just a social media trend or a consumer wink-wink.
    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

    PTAB Establishes Criteria Governing Follow-On Petitions For AIA Post Grant Proceedings

    A familiar strategy in inter partes ("IPR") review proceedings under the America Invents Act ("AIA") is for petitioners to file multiple petitions challenging claims in an issued patent...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Supreme Court Rules That Any Authorized Product Sale, Anywhere In The World, Exhausts Patent Rights

    The U.S. Supreme Court has held that a patent owner's sale of a patented product exhausts its ability to bring infringement claims against the purchaser, or subsequent owners, of the product.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Showing 81–100 of 136 results

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