Recently on Axinn Viewpoints – May 7, 2024

Recently on Axinn Viewpoints – May 7, 2024

FTC Final Rule Banning Non-Competes Faces Uncertainty.? The Federal Trade Commission’s?final rule banning non-competes was published in the Federal Register today, potentially becoming effective on September 4, 2024. The new rule would prohibit employers from imposing restrictions on workers...?Read more.?

Preliminarily Enjoin Alleged Trade Secret Misappropriation Without Addressing A Time Bar Defense under the DTSA? A trade secret owner must file a civil action under the Defend Trade Secrets Act (“DTSA”) within three years of when the alleged trade secret misappropriation “is discovered or by the exercise of reasonable diligence should have been...?Read more

Will the PTO's Proposed Expansion of Filing Settlement Agreements Help to Reduce Drug Prices? In a recent Federal Register notice, the PTO announced a proposed rule requiring that any settlement agreement resolving a PTAB proceeding, even if such agreement occurs prior to a decision to institute an inter partes review (IPR), be submitted...?Read more

USITC Commissioner Series: The Court's FRAND Dance May Soon Reach its Finale.? This is part five of our USITC Commissioner Series. Read part one here, part two here, part three here and part four here. In prior posts for this series, we have discussed areas of law where Commissioners have voiced their dissent and...?Read more.?

Silicon Valley Arbitration & Mediation Center Issues AI Guidelines.? On April 30, 2024, the Silicon Valley Arbitration and Mediation Center published the 1st edition of its Guidelines on the Use of AI in Arbitration, which “shall apply when and to the extent that the parties have so agreed and/or following a...?Read more.?

AI Can’t Be an Inventor, But How About a POSA? On April 30, 2024, the U.S. Patent and Trademark Office (PTO) issued a Request for Comment on how AI technology could affect the PTO’s evaluation of patentability, particularly with respect to qualifying prior art and the level of ordinary skill...?Read more

How To Determine Whether “Common Sense” Could Supply a Missing Limitation? Ask a Reasonable Juror.? As previously reported, the appeal in Fullview v. Polycom, No. 23-1201, involved the question of whether common sense may be relied upon to supply a missing limitation in an obviousness analysis.?On Monday, April 29, 2024, the Federal Circuit...?Read more.?

USITC Commissioner Series: What Divides the International Trade Commission? At the International Trade Commission, a panel of up to six Commissioners is the gatekeeper of Section 337. Before the termination of any investigation, an administrative law judge's initial determination is always subject to Commission review....?Read more

FTC Expands Orange Book Patent Listing Challenges.? As discussed in November and December, the FTC has placed improper Orange Book patent listings squarely in its crosshairs. Initially, based on its September 2023 policy statement, FTC announced that it would “scrutinize improper Orange Book...?Read more.?

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