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Rulemaking Process Intellectual Property Protection

Fish & Richardson

ITC Implements Updated Rules of Practice and Procedure

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Earlier this month, the U.S. International Trade Commission (ITC) implemented amendments to its Rules of Practice and Procedure governing Section 337 investigations. The amended rules, which govern investigations instituted...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2024 PTAB Year in Review: Analysis & Trends

The Patent Trial and Appeal Board (PTAB) continues to play a pivotal role in shaping the intellectual property landscape. In 2024, several developments affecting PTAB practice emerged, from new rulemaking at the USPTO to key...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Reviewing 2024's Crucial Patent Law Developments

As 2024 draws to a close, several crucial developments — some aimed at modernizing long-standing legal practices, others addressing emerging challenges — have reached patent law. Originally published in Law360 - December...more

Seyfarth Shaw LLP

Tech Industry Outlook: Navigating Potential Policy Shifts in a Second Trump Administration

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The U.S. technology landscape is poised to experience significant transformations under the second Trump administration. Key sectors such as the semiconductor industry, autonomous vehicles, and digital payments may experience...more

Jones Day

USPTO Withdraws Proposal to Add New Terminal Disclaimer Requirements

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The U.S. Patent and Trademark Office ("USPTO") has withdrawn its proposed rule regarding terminal disclaimer requirements....more

Davis Wright Tremaine LLP

March 2024 UDAAP Bulletin

Editor's Note The following document provides a monthly roundup summarizing enforcement actions, guidance, rulemakings, and other public statements from the Consumer Financial Protection Bureau, the Federal Trade Commission,...more

Littler

Overview of the New Proposed Rules on Non-Compete Clauses in the Netherlands

Littler on

For years there has been much discussion in the Netherlands about the non-compete clause, which also includes the non-solicitation clause. These clauses were often included in employment contracts, restricting employees’...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 PTAB Year in Review: Analysis & Trends: Federal Circuit Cases Exploring a Year of Rules, Rulemaking, and Rule Enforcement at...

A trio of cases this past year illustrate a trend of increasing importance in the power of Patent-Office rulemaking and enforcement, and the influence it has on patent owners and challengers alike....more

McDermott Will & Emery

PTO Proposes Rules Promoting Independence in Board Decision-Making

McDermott Will & Emery on

Seeking to bolster the independence of administrative patent judge (APJ) panels when issuing decisions and increase transparency regarding Patent Trial & Appeal Board processes, the US Patent & Trademark Office (PTO) issued a...more

Foley & Lardner LLP

Successfully Navigating EV Product Roll-Outs: Manufacturers Balance Innovation and Legacy Needs

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Automotive OEMs, suppliers, startups and other participants in the automotive ecosystem have a great deal to do in 2023 as manufacturers begin to move to diversify historical internal combustion engine (ICE) vehicle product...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO News Briefs - January 2022

USPTO Proposes Electronic Issuance of Patents - In a notice of proposed rulemaking published last month in the Federal Register (86 Fed. Reg. 71209), the U.S. Patent and Trademark Office is proposing to issue patents...more

Goulston & Storrs PC

Are You Ready to Comply With Evolving Name, Image and Likeness (NIL) Rules and Regulations?

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Six states have enacted NIL legislation, another 27 states have proposed NIL legislation, the U.S. Congress has at least two bills proposed, the NAIA has enacted NIL rules, and in January 2021 the NCAA likely will endorse its...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - May 2020: Should USPTO Be Able to Make New Law Without Rulemaking

Since arriving at the USPTO, Director Iancu has tried to bring clear messages and consistency to the Office. For purposes of this article, we concentrate on the new POP procedures for Board case law and rules, and how the...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l February 2020 #3

LEGISLATION, REGULATIONS & STANDARDS - FDA Releases Guidance on Intentional Adulteration - The U.S. Food and Drug Administration (FDA) has released the third and final installment of its draft guidance on intentional...more

ArentFox Schiff

The Future of Employment Non-Competes: The Federal Trade Commission Considers Rulemaking and Signals an Appetite for Stricter...

ArentFox Schiff on

In short, the petitioners asked for a rule that non-competes are an unfair method of competition that is illegal per se under Section 5(a) of the Federal Trade Commission Act. Further, they asked that any employer presenting,...more

Hogan Lovells

Key takeaways from the FTC's noncompete workshop

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On 9 January 2020 the Federal Trade Commission (FTC) held a public workshop in Washington, D.C. to assess whether it should "promulgate a Commission Rule that would restrict the use of non-compete clauses in employer-employee...more

Hogan Lovells

Practice reminder: Amended requirements for trademark specimens now in effect

Hogan Lovells on

The Final Rule promulgated by the USPTO in July is now in effect; amending the requirements for acceptable specimens of use. On October 5, 2019, the USPTO’s Final Rule published this July (available under Addtional...more

Seyfarth Shaw LLP

Another Year, Another Attempt in the U.S. Senate to Ban Non-Competes Nationwide

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Senators Chris Murphy (D-Conn.) and Todd Young (R-Ind.) have introduced legislation entitled the Workforce Mobility Act (“WMA”). The WMA, like its prior incarnation from last year, seeks to ban non-compete agreements outside...more

Seyfarth Shaw LLP

D.C. Poised to Ban Non-Competes Below Income Threshold

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The Council of the District of Columbia is considering a new bill that would ban the use of non-compete restrictions for workers below certain income thresholds—and impose stiff penalties upon employers who include such...more

Lowndes

New Rule Requires U.S. Licensed Attorney for Foreign-domiciled Trademark Applicants and Registrants

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Effective on August 3, 2019, the United States Patent and Trademark Office (USPTO) will require foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board proceedings to be...more

Hogan Lovells

EU Advocate General Opinion in Spedidam: rights of performers

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On 16 May 2019, the CJEU Advocate General delivered his opinion in Spedidam, following the request for a preliminary ruling from the French Supreme Court on whether the French legal framework allowing the French National...more

Hogan Lovells

China: 2-year time-bar revised to 3 years under CNDRP

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Previously, under the CNNIC ccTLD Dispute Resolution Policy (CNDRP) which governs the .CN domain in China, no complaints under CNDRP could be filed against a .CN domain which had been registered for more than 2 years....more

Hogan Lovells

DSM Watch: Implementing the new Copyright Directive in France

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The Copyright Directive (“the Directive”) came into force on 7 June 2019. Member States now have two years to implement it. Amongst the key provisions, Article 15 (former Article 11) creates neighbouring rights for press...more

Wilson Sonsini Goodrich & Rosati

Bipartisan and Bicameral Draft Bill Aims to Reform U.S. Patent Subject Matter Eligibility Law

Recently, a bipartisan, bicameral draft bill was introduced as part of an ongoing effort to reform U.S. patent subject matter eligibility law. In this alert, we discuss relevant background leading up to the draft bill, the...more

Troutman Pepper Locke

Recent Proposal for Section 101 Reform

Troutman Pepper Locke on

A bipartisan group of Senators and Representatives recently released a framework for amending Section 101.  The group includes Senator Chris Coons (D-Del.) and Senator Thom Tillis (R-N.C.), as well as Representative Doug...more

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