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Member Articles


Is it Obvious? Sandoz v Bayer and a Patent’s Inventive Step

The validity of a patent relies, amongst other things, on the claimed invention involving an inventive step. This requires the claimed invention to not be obvious to a person skilled in the relevant art, in light of the ...

Iowa's New Data Privacy Law: What Businesses Need to Know

In 2023, Iowa joined the ranks of states enacting consumer data privacy legislation. The Iowa Consumer Data Protection Act, Senate File 262 (the “ICDPA”), is slated to take effect on January 1, 2025, as Chapter 715D ...

“Conquesting” Lawsuit Is No Conquest for Trademark Plaintiff

Lerner & Row PC v. Brown Engstrand & Shely LLC (9th Cir. 2024)Skyler M. Terrebonne On October 22, 2024, the U.S. Court of Appeals for the Ninth Circuit Court delivered the latest word on whether the practice of ...

New Trade Mark? Do Your Due Diligence – Hemmes v Establishment 203

The defence to trade mark infringement of “good faith” has had significant commentary as of late, where the Court has clarified evidentiary requirements and what conduct it considers trade mark users must demonstrate ...

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