On March 18, 2024, the United States Patent and Trademark Office (USPTO) issued a Memorandum containing guidance to help patent examiners analyze claim language that may be interpreted as “means-plus-function” or “step-plus-function” language under 35 U.S.C. § 112(f). The USPTO said
Global IP & Technology Law Blog
Latest from Global IP & Technology Law Blog
Apple v. Rivos: Lessons for Companies Facing Claims of Trade Secret Theft (US)
Our colleagues at Employment Law World recently blogged about a recent trade secrets decision from the Northern District of California, Apple v. Rivos. The case involved a common fact pattern: numerous employees were hired away from Apple by Rivos and…
New Social Media Guidance for 2024 Olympians
The opportunity to compete at the Olympic Games represents one of the most honorable achievements of any athlete’s career. And while Olympians may have always been trailblazers in the world of sports, today’s competitors are more than just athletes –…
Japan’s Flexible Approach to AI and Copyright Supports AI Development
SPB’s Joe Grasser and Scott Warren recently examined the current state of Japan’s copyright laws as they relate to Artificial Intelligence (AI). As they explain, Japan has taken a very flexible approach to help “jump start” AI development in the…
Don’t Fall for These Ubiquitous Trademark Scammers
Over the past several months, we have seen an increase in notices from alleged trademark firms. The emails are identical or substantially similar to the following:
Hi [recipient],
I hope this email finds you in good health.
I am writing…
The California Age-Appropriate Design Code Act Enjoined
On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California…
Securing EU trademarks: because EUIPO publication ≠ enforceability
First, some context
Like any other intellectual property asset, EU trade marks can be and are often used as collateral in financial transactions. However, reconciling the EU trade mark regulation (the “EU TM Regulation”) with the applicable national laws on…
The USPTO Speaks on Obviousness – Do Patent Practitioners Have an Answer?
The United States Patent and Trademark Office (USPTO) recently published updated guidance emphasizing a very flexible approach to determining obviousness under 35 U.S.C. § 103, consistent with the U.S. Supreme Court’s opinion in KSR v. Teleflex. The guidelines are…
Who Invented This? The Continuing Importance of Human Ingenuity in Patenting AI Related Inventions
Artificial Intelligence (AI) systems are becoming an increasingly important part of our lives and are affecting almost every industry. In compliance with section 5.2(c)(i) of the President’s October 30, 2023 Executive Order (EO) 14110, titled “Safe, Secure, And Trustworthy…
In TTAB Proceedings, Subpoenas Must be Issued by the Clerk of the Court
In Waterdrop Microdrink GmbH v. Qingdao Ecopure Filter Co., Ltd., the District Court for the Central District of California denied a motion to compel compliance with a subpoena relating to a Trademark Trial and Appeal Board (“TTAB”) proceeding, because…