[1] A More Favorable USPTO Climate, But Not a New Legal Regime Patent applicants have understandable reasons for optimism about recent USPTO developments under 35 U.S.C. Section 101. Since Director Squires took office, the USPTO has issued a series of memoranda emphasizing careful Step 2A analysis, warning examiners not to overextend the “mental process” grouping, reminding examiners to evaluate the claim as a whole, and encouraging the use of Rule 132 Subject Matter Eligibil

[1] In September 2025, Patrick Mahomes and Travis Kelce opened up their own Kansas City restaurant, “1587 Prime;” the name inspired by their NFL jersey numbers. [2] 1587 Prime is the newest addition to hospitality group, Noble 33, founded by Tosh Berman and Mikey Tanha. [3] The pair has also launched a clothing brand which sells merchandise related to the restaurant. [4] While the restaurant has received positive attention from patrons, all this positive attention has led

[1] In June 2003, inventor Scott Seamans filed a utility patent for his Breathable Footwear Pieces and assigned the rights to Crocs, Inc. [2] The patent described a gap in the market for comfortable footwear in the workplace; Seamans’ patent sought to fill this need by creating footwear that was comfortable, secure, and waterproof for use in a variety of work environments. [3] A year later, Seamans filed a design patent to protect the design features of the Croc shoe. [4]

[1] Protecting Celebrity NIL in the Age of Generative AI The rapid advancement of generative artificial intelligence (“genAI”) over the past decade has significantly expanded the ability to replicate an individual’s name, image, and likeness (“NIL”). [2] Celebrities are among the most directly affected groups, often relying on the right of publicity – to mitigate the growing threats of intellectual property infringement through genAI. [3] Because the right of publicity is

[1] In May of 2021, the Federal Circuit ruled against plaintiff Olaplex in a suit claiming misappropriation of trade secrets and breach of contract, striking down the $66 million judgment against defendant L’Oreal. [2] This suit was filed after L’Oreal sold products containing Olaplex’s patent-pending hair bleaching technology, which were allegedly disclosed during confidential acquisition negotiations. [3] However, the court held that L’Oreal did not misappropriate Olaplex

[1] Introduction A battle is brewing in the Ninth Circuit over what test courts should use to determine whether allegedly infringing works are “substantially similar” to their copyright-protected counterparts. While the three-judge panel rejected photographer Jeffrey Sedlik’s appeal based on binding precedent, two judges wrote separately calling for the Circuit to go in a different direction. If the Ninth Circuit grants rehearing en banc and abandons its current test, creat