Federal Circuit Confirms “Known-Technique” Rationale as an Indicator of a Motivation to Combine

By Joseph M. Hallman

In KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 419 (2007) (“KSR”) the U.S. Supreme Court criticized rigid application of the so-called “teaching, suggestion, or motivation” test (“the TSM test”) which, prior to KSR, had often been applied by courts when determining obviousness of patent claims. Under the TSM test, “a patent claim is […]

Celebrating International Women’s Day

By Richard Marsolais

As part of International Women’s Day and since this is the 50th Anniversary of the National Inventors Hall of Fame we thought it would be fitting to recognize the following women who have been inducted into this prestigious organization: Mary Anderson-Windshield Wiper; Lynn Conway-Very Large-Scale Integration (VLSI); Margaret E. Knight-Machine for Making Flat-Bottom Paper Bags; […]

Copyright Law Tips for In-House Counsel

Copyright law can be complex. Issues are usually fact specific, require significant interpretation and a case-by-case analysis. The answer to most copyright law related questions is some iteration of “it depends” but some simple education is often the best tool to avoiding issues and combating copyright myths and misinformation. 1. Copyright Law Does Not Protect […]

Federal Circuit Holds That For Ornamental Plants, Mere Display Counts As “Public Use”

By Melissa M. Mitchell

How does one “use” an ornamental object? This question was at issue in the recent case of In re WinGen LLC (Fed. Cir. 2023). In a nonprecedential opinion, the Federal Circuit held that the display of an ornamental plant at a private marketing event constituted invalidating prior public use under pre-AIA 35 U.S.C. § 102(b). […]

Luddites, Lawyers, Illustrators: Embrace AI as a Tool

By Cassie J. Edgar

The Unhappy Painter, by Theodor Hosemann, 1843, illustrating a painter as a victim of technology, made obsolete by photography. Artificial intelligence (AI) is disruptive and will change the way we create and innovate – similar to disruption from the printing press, the camera, Photoshop, and gene editing. Use of any tool does not remove the […]

How A.I. and Big Data Will (And Should) Change Your IP Strategy

By Sarah M.D. Luth

The last two decades have seen an increasing recognition of the value of patent rights. In many industries, ownership of a substantial number of patents is a clear sign of a company’s innovation capacity and leadership in the industry. Despite the growing interest in patent protection, the emergence of artificial intelligence (AI), machine learning, and […]

National Science Foundation Announces $60 Million Investment in Developing and Strengthening Academic Institutional Infrastructure for Providing Industry-Driven Solutions

By Gregory Lars Gunnerson

The National Science Foundation’s new Accelerating Research Translation (ART) program is a game-changer for universities in the United States. The $60 million program will provide up to $6 million per award over four years to academic institutions to build capacity and infrastructure needed to strengthen and scale the translation of basic research outcomes into impactful […]

AI and Copyrights: Getty Images Suit Brings Up Interesting Challenges to Current Copyright Law

By Ashley E. Holland

AI continues to be in the spotlight. In recent years, the development of artificial intelligence (AI) has increased rapidly and is affecting various industries, including the creative arts. As AI continues to change the way we create and consume content, it is important to consider the impact it has on copyrights. Copyrights are exclusive legal […]

Beware of Spoofed Calls That Impersonate the USPTO

By Richard Marsolais

Scammers have recently started calling trademark customers and falsely claiming to be an employee with the United States Patent and Trademark Office (USPTO). The scammers use a tactic called “spoofing,” where they will trick phone networks into displaying a name, number, and location different from their actual name, number, and location. They’re trying to trick […]

Celebrating George Washington Carver Day

By Richard Marsolais

Today has been designated as George Washington Carver Day in Iowa and what a fitting tribute to kick off Black History Month in February. Born into slavery in Missouri around 1864, Carver sought higher education in Iowa, at Simpson College and then Iowa State University. He was Iowa State’s first black student, earning both bachelor’s […]