LKQ Corp. v. GM Global Technology Operations LLC has brought attention to the ongoing debate surrounding design patent law, particularly with respect to the Rosen-Durling test for design patent ...

Patent applicants may be unfairly prevented from obtaining commercially valuable protection for a product, particularly during the patent procurement phase, due to recent trends in the application of ...

The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled in a precedential decision Wednesday that the Patent Trial and Appeal Board (PTAB) was correct to affirm a United States Patent and ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

A foundational principle of U.S. patent law is that technologies in the public domain must remain free for all to use. Bonita Boats v. Thunder Craft Boats, 489 U.S. 141, 146 (1989); Graham v. John ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

The USPTO obviousness guidelines are written for USPTO personnel but combined with the Manual of Patent Examining Procedure (MPEP), they provide guidance to practitioners as well. While purporting to ...

Dianne Elderkin, Jonathan Underwood and Andrew Schwerin of Akin Gump Strauss Hauer & Feld.[/caption] How should a court determine whether a patent claim is invalid for obviousness? Recent Federal ...

Tuesday at the U.S. Supreme Court, the justices heard arguments concerning a basic tenet of patent law. In addition to being new, any invention for patent must be deemed “nonobvious” over what is ...

After-the-fact obviousness arguments being presented by many of the Internet commentators are therefore improper under the current patent law system. The patents involved in Apple v. Samsung provide a ...