Advertising Update: The FTC’s New Guidelines for Endorsements and Testimonials
Julie Tortora
On July 26, 2023, the Federal Trade Commission (“FTC”) revised its Guides Concerning Use of Endorsements and Testimonials in Advertising (“Guides”) to address social media influencing and provide businesses with refreshed guidance for soliciting and using endorsements and testimonials. While truth-in-advertising standards remain unchanged, including the importance of claim substantiation, the Guides offer a modern approach to endorsements and testimonials and define the potential liabilities of parties who procure or offer false or fabricated endorsements.
To read the full article, click here.

The Patent Office Aims to Increase Judicial Independence and Transparency With Proposed Rule and New SOP Addressing Pre-Issuance Review of PTAB Decisions 
Jennifer Robichaux Carter
On October 5, 2023, the Patent Office issued a notice of proposed rulemaking regarding pre-issuance internal circulation and review of Patent Trial and Appeal Board (PTAB) decisions. The proposed rule prohibits management judges from direct or indirect involvement in PTAB panel decisions prior to issuance. It allows for a member of the panel to request input from management judges, but the panel’s decision to adopt any feedback is entirely optional and discretionary.
To read the full article, click here. 

Recent Federal Circuit Guidance on Obviousness
Robert Maier, Chun Xu
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.
To read the full article, click here.
This article was previously published in the New York Law Journal on November 22, 2023.

Anti-Suit Injunctions in Patent Litigation in the United States
Paul Ragusa, Hanyuan Zhang
Anti-suit injunctions (ASIs) are a legal remedy that have been applied by courts to prevent a party from pursuing
parallel proceedings in another jurisdiction. The use of ASIs  has grown in Standard Essential Patent (SEP) litigation and disputes over FRAND licensing commitments.
Click here to read more on the approaches of ASIs in the United States and the controversy over ASI and anti-ASI cases.
This article was previously published in the AIPLA S&OS June 2023 newsletter. 

This Month: Our Take on AI
Joseph Cahill 
At the end of October, President Biden signed an executive order on AI that aims to set new standards and requirements for AI developers, users, and regulators while also encouraging responsible and ethical use of AI throughout American industry. Associate Nick Palmieri commented on the contents of this executive order and explained the critical regulatory requirements for AI systems in his post: “President Biden Issues Executive Order on Artificial Intelligence.” The executive order on AI can be found here. Part of the executive order mandates federal agencies to advance their use of AI technologies. Associate Joe Cahill commented on the second-order effects of this mandate, explaining that the deployment of federal dollars in accordance with the executive order may serve to create industry standards in the AI space (see “The Power of the Purse: Steering AI Innovation with Federal Dollars”).
In related AI coverage, partner Ali Dhanani remarked on the effects of AI in legal practice and the potential for automated claim identification in class action lawsuits. That post can be found here: “Using AI to increase claim identification.”
Click here to read more on our Team's insights on AI and the impact on our world. 

November 2023 Intellectual Property Report Recap
In case you missed it, here is a video recap of our November 2023 Intellectual Property Report that looked at:

• The Federal Circuit 'Waves' in a New Standard for Design Patents 
• An External Look Into Subject Matter Eligibility Reform
• Blog: Our Take on AI 

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