Imagine That IP Law Blog

On May 7, 2024, the Federal Trade Commission published a final rule banning the enforcement of nearly all non-compete clauses in employment agreements nationwide (89 FR 38342). This new rule will have sweeping effects across all sectors of the economy, if it survives court challenges that have already been filed (see, e.g., Chamber of Commerce of the United States of America et al. v. FTC, 6:24-cv-00148 (E.D. Tex., April 24, 2024).

What is the new rule?
The FTC’s new rule makes it an unfair method of competition to enter into new non-compete clauses or enforce existing non-compete ... Read More ›

On Tuesday, the Federal Circuit issued an en banc decision in LKQ Corp. et al. v. GM Global Technology Operations LLC, case number 21-2348 (Fed. Cir. May 21, 2024) (en banc) overruling decades long precedent for challenging design patents based on obviousness under 35. U.S.C. § 103.

The prior test, known as Rosen-Durling, required as a primary reference an earlier design that had "basically the same" visual impression as the patented design, to which features could be added from additional prior art designs that are "so related" to it that the appearance of features in one design ... Read More ›