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Articles by Steve Borgman
Federal Circuit Leaves the "Plainly Dissimilar" Design Patent Test Intact
Range of Motion Products, LLC v. Armaid Company Inc., No. 2023-2427 (Fed. Cir. Aug. 11, 2026) Earlier this year, we examined the divided Federal Circuit panel decision in Range of Motion Products, LLC v. Armaid Company Inc., which affirmed summary judgment of non-infringement of a design patent for a handheld massager. The majority found the accused product plainly dissimilar after accounting for functional features; Chief Judge Moore argued that the ordinary observer issue belonged to the jury.
Substantially Similar or Plainly Dissimilar? The Ordinary Observer Split | JD Supra
Range of Motion Products, LLC v. Armaid Company Inc., No. 2023-2427 (Fed. Cir. Feb. 2, 2026) In a closely watched design patent decision, the Federal Circuit affirmed summary judgment of non-infringement in favor of Armaid, holding that a patented “Body Massaging Apparatus” (U.S. Design Patent No. D802,155) was appropriately construed narrowly to exclude functional elements, and that no reasonable jury could find the accused device substantially similar.
4 Key Takeaways Traps for the Wary Patent Prosecution Pitfalls Around the World | JD Supra
Patent prosecution can be full of surprises, sometimes unpleasant. Kilpatrick’s Steve Borgman recently presented “Traps for the Wary: Patent Prosecution Pitfalls Around the World” at the 30th Annual University of Texas Advanced Patent Law Institute. The presentation discussed the requirements that may surprise U.S. patent practitioners handling applications filed in other countries like Canada, Mexico, and Europe, as well as ways to avoid unpleasant surprises.
5 Key Takeaways | Managing the Risks in Using Generative AI or How I Learned to Stop Worrying and Love AI | JD Supra
Kilpatrick's Steve Borgman and Jordan Glassman recently presented on the various generative AI technologies available, with an emphasis on large language models such as ChatGPT (and others that are similar), at Kilpatrick’s annual In-House Counsel Summit in Houston. They also discussed the risks and liabilities that organizations may be exposed to as their personnel use generative AI technologies more and more.
5 Key Takeaways | Managing the Risks in Using Generative AI or How I Learned to Stop Worrying and Love AI
Kilpatrick's Steve Borgman and Jordan Glassman recently presented on the various generative AI technologies available, with an emphasis on large language models such as ChatGPT (and others that are similar), at Kilpatrick’s annual In-House Counsel Summit in Houston. They also discussed the risks and liabilities that organizations may be exposed to as their personnel use generative AI technologies more and more.
5 Key Takeaways - Alice at 10: A Section 101 Update | JD Supra
November 20, 2024 To embed, copy and paste the code into your website or blog: It’s been 10 years since Alice was decided. Kilpatrick’s Steve Borgman and Andrew Saul recently presented at the 29th Annual Advanced Patent Law Institute in Austin, Texas, on recent cases and trends in the courts and the USPTO involving Section 101, as well as some of the highlights (or lowlights) in the 10 years since Alice. In addition, tips for litigation and prosecution were provided.
Legal Alert: USPTO Proposes Major Change to Terminal Disclaimer Practice
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Department of Energy Solicits Information on AI | JD Supra
March 27, 2024 Stephen Anstey, Steve Borgman, Dr. Siegmar Pohl Kilpatrick + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: On March 1, 2024, the Department of Energy (“DOE”) published a Request for Information (“RFI”) Related to DOE’s Responsibilities on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. Comments responding to the RFI must be received on or before April 1, 2024.
Department of Energy Solicits Information on AI
On March 1, 2024, the Department of Energy (“DOE”) published a Request for Information (“RFI”) Related to DOE’s Responsibilities on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. Comments responding to the RFI must be received on or before April 1, 2024. The RFI was published pursuant to the President’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, which was issued on October 30, 2023.
4 Key Takeaways - Section 101 Update: Alice at Six | JD Supra
Six years ago, the Supreme Court’s Alice decision significantly changed the landscape for patent eligible subject matter. Kilpatrick Townsend’s Steve Borgman recently joined other expert panelists at the 25th Annual Advanced Patent Law Institute to present an update on this year’s patentable subject matter cases and other important developments. Please see full article below for more information.
Supreme Court Revises The Book On Generic Terms In Booking.com | JD Supra
The United States Supreme Court issued the long-awaited Booking.com decision on Tuesday. Justice Ginsburg delivered the 8-1 opinion of the Court, holding that a combination of a generic term and a top-level domain name, like .com, will not be deemed a generic term for a class of goods or services unless the combination is perceived as generic by the consuming public.
Willfulness Not Required For An Award Of Profits For Trademark Infringement Under The Lanham Act | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
VARA Demolishes Property Owner: Second Circuit Affirms VARA Judgment For Street Artists | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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