Rob Maier

July 23, 2024 | New York Law Journal

In May, the Federal Circuit issued its decision in 'LKQ v. GM Global Technology Operations', which marks a significant shift away from the prior and more rigid 'Rosen-Durling test', toward a more flexible framework for determining whether a patented design is obvious.

By Rob Maier

10 minute read

May 21, 2024 | New York Law Journal

In this article, Rob Maier discusses 'Luv n' Care v. Laurain and Eazy-PZ' and highlights how the case is a helpful reminder that the unclean hands doctrine is alive and well in the patent disputes context, and can be a powerful tool in an accused infringer's defense arsenal.

By Rob Maier

7 minute read

March 26, 2024 | New York Law Journal

The United States Patent and Trademark Office recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was already known in the prior art.

By Rob Maier

8 minute read

January 23, 2024 | New York Law Journal

A recent order from Chief Judge Colm Connolly in the U.S. District Court for the District of Delaware may serve as a warning for "patent trolls"—the derogatory term used to describe companies whose sole function is to acquire and then assert patents, often in cases that are questionable on the merits—against filing cases in Delaware going forward.

By Rob Maier

8 minute read

November 21, 2023 | New York Law Journal

Obviousness is one of the most challenging and amorphous issues in U.S. patent law, and one that all practitioners—litigators and patent prosecutors alike—inevitably confront on a regular basis. Federal Circuit decisions analyzing the issue of obviousness can be complex and, sometimes, seemingly subjective.

By Rob Maier

7 minute read

September 26, 2023 | New York Law Journal

This article covers the decision in 'Volvo Penta of the Americas v. Brunswick' and how it not only reinforces the advantages of drafting patent claims that cover the patentee's own products, but also shines light on the importance of diligently seeking discovery in competitor patent disputes to present evidence regarding secondary considerations of non-obviousness.

By Rob Maier

8 minute read

July 25, 2023 | New York Law Journal

A recent decision from the U.S. Court of Appeals for the Federal Circuit provides guidance on a fundamental issue of patent law commonly faced by patent prosecutors and litigators alike: who can be an inventor, and what kind of contribution is required for inventorship under the law?

By Rob Maier

7 minute read

May 23, 2023 | New York Law Journal

The USPTO recently released proposed rulemaking that would address concerns raised by critics, and which are targeted at increasing predictability in PTAB proceedings.

By Rob Maier

9 minute read

March 21, 2023 | New York Law Journal

In an increasingly software-based world, companies should be mindful of challenges, and best position themselves to raise—as needed—this Section 273 defense.

By Rob Maier

8 minute read

January 24, 2023 | New York Law Journal

The decision in 'Amgen v. Sanofi' has the potential to have a significant impact on inventors and patent drafters, and the breadth with which they may be able to claim their inventions.

By Rob Maier

7 minute read