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IP Alert | The USPTO Issues New Guidance to Examiners for Applying Obviousness in Design Filings in View of the LKQ Corporation v. GM Global Technology Operations LLC Decision

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Brad Van Pelt and Darrell Mottley In light of the Federal Circuit’s en banc decision in LKQ Corporation v. GM Global Technology Operations LLC, the U.S. Patent and Trademark Office (“USPTO”) has issued updated guidance and examination instructions in a Memorandum (“Memo”) dated May 22, 2024 and signed by Director Vidal to design examiners and…

AI and Video Game Development: Ross Dannenberg Moderates Panel at VGBA Summit

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Ross Dannenberg of Banner Witcoff will moderate a panel at the Video Game Bar Association (VGBA) Summit at Loyola Law School in Los Angeles from Monday, June 3, to Tuesday, June 4. Generative AI is increasingly used throughout the video game development process.  As AI assistance becomes more prevalent in coding, art development, music, video,…

IP Alert | Federal Circuit Overrules over 40 years of Design Law Precedent in Assessing Obviousness in LKQ Corporation v. GM Global Technology Operations LLC

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Darrell G. Mottley and Robert S. Katz The Federal Circuit has ruled that design patent obviousness consideration should be more aligned with Supreme Court utility patent law precedent. This new en banc opinion overturns previous U.S. Federal Circuit design patent obviousness jurisprudence held to be “too rigid” in devising a new framework having a flexible,…

Banner Witcoff Ranked as Leading Firm for Trademark Practice in “IP Stars” 2024

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Managing IP ranks Banner Witcoff’s trademark practice in its 2024 edition of “IP Stars,” a guide to the world’s top intellectual property firms. IP Stars “highly recommended” the firm’s trademark practice in Illinois, the guide’s highest recognition. Banner Witcoff is one of only seven “highly recommended” firms and is at the top of the list. The rankings are based on information Managing IP analysts obtain from thousands of law…

Seven Summer Associates Join Banner Witcoff’s Chicago, Washington D.C. Offices

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May 20, 2024 – Banner Witcoff is pleased to launch its 2024 summer associate program this month by welcoming seven law students to its Chicago and Washington, D.C. offices.   The summer associate program is a component of Banner Witcoff’s recruiting efforts. The firm offers law students the opportunity to work closely with attorneys, assist in diverse legal…

The Interplay of Geopolitics and Patent Law for Enhanced Portfolio Management: Navigating Global Filing and Patent Term Strategy

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Shareholder Mercedes Meyer will moderate a panel at the American Conference Institute’s (ACI) 22nd Advanced Summit on Life Sciences Patents on Thursday, May 30. Additionally, Mercedes serves as a conference chair. The panel, “The Interplay of Geopolitics and Patent Law for Enhanced Portfolio Management: Navigating Global Filing and Patent Term Strategy,” will unpack the most…

IP Rights in Gaming: Leveraging Trademarks, Copyrights, and Patents to Protect From Development to Delivery

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Shareholder Ross Dannenberg will be speaking on the “IP Rights in Gaming: Leveraging Trademarks, Copyrights, and Patents to Protect From Development to Delivery” Strafford panel on Wednesday, May 29, 2024.  The CLE webinar will provide guidance to IP counsel advising creators, designers, companies, and others in the gaming industry on managing key IP challenges. The panel will…

Banner Witcoff Welcomes Two Associate Attorneys

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Banner Witcoff, a national intellectual property law firm that procures, enforces, and litigates intellectual property rights throughout the world, welcomes Abraham J. Varon and Qi Yu as associate attorneys to its Chicago office.  Abraham J. Varon brings a diversified practice within patent litigation. Before joining Banner Witcoff, AJ worked as an associate at a Chicago-based intellectual property boutique.  There,…

PTAB Highlights | Takeaways from Recent Decisions in Post-Issuance Proceedings

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By Shawn Buchanan and John Peloquin So, what’s new at the PTAB? Disqualifying prior art for being inventor’s own work, public accessibility of software, interpretation of claimed ranges, and more! In Differences, Find Similarity. Bluebird bio,Inc. v. Sloan Kettering Institute for Cancer Research, IPR2023-00070, Paper 49 (April 22, 2024) (Snedden, joined by Worth and Hardman)…
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