The Federal Circuit 'Waves' in a New Standard for Design Patents
Joshua Friedman
Even for seasoned patent attorneys, the world of design patents can present its own set of challenges. This September, the Federal Circuit added another wrinkle to the design patent infringement analysis when it considered whether sportswear maker Columbia’s design patent for a wave-patterned heat reflective material was infringed by a similar design from competitor Seirus, or whether Seirus’s design was distinct enough to be considered non-infringement. See Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories Inc., 80 F.4th 1363 (Fed. Cir. 2023).
To read the full article, click here.

An External Look Into Subject Matter Eligibility Reform
David Yun
Many groups and individuals believe the current U.S. Section 101 landscape lacks clarity and consistency and are calling for either clarification from the Supreme Court or legislative reform. On the other hand, Japanese patent law has developed a reputation for being patent friendly, predictable, and consistent. If reform is necessary, perhaps inspiration can be taken from the Japanese Patent Act (JPA) and the Japanese Patent Office (JPO). This article explores the current sentiment of U.S. patent law, a recent proposal for reform, and a high-level overview of Japanese law.
To read the full article, click here. 

Blog: Our Take on AI
Ali Dhanani, Maggie Welsh, Joseph Cahill
Increasingly, the world is embracing artificial intelligence (AI) – most notably the recent advances in generative AI – and related government and other regulatory efforts are rapidly emerging. Consistent with our tradition of innovation and adapting to our clients’ changing business needs, we are prepared to provide our clients with relevant and value-added services in this evolving area of technology and regulation.
Click here to read our Team's insights on AI and the impact on our world.

Artificial Intelligence and the Future of Competition: Webinar 4 (Intellectual Property Considerations with Generative AI) 
November 7, 2023
Artificial Intelligence (AI) is changing the way companies compete in a wide variety of industries. Baker Botts is hosting a series of webinars designed to review how AI is giving companies a competitive edge in both online markets and traditional industries, and discuss the regulatory and legal frameworks already in place that might limit how AI can be used for these purposes. If your company is using or considering using AI to make business decisions or to create products and services, this is a must-attend series to be aware of the relevant risks and considerations.
In our fourth webinar session, which will be held on November 7th, partners Maggie Welsh and Suzi Hengl will discuss considerations with regards to intellectual property and AI.

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

• Elaborating on Arguments After IPR Institution
• Federal Circuit Scrutinizes PTAB Decision on Secondary Considerations

ABOUT BAKER BOTTS L.L.P.
Baker Botts is an international law firm whose lawyers practice throughout a network of offices around the globe. Based on our experience and knowledge of our clients' industries, we are recognized as a leading firm in the energy, technology and life sciences sectors. Since 1840, we have provided creative and effective legal solutions for our clients while demonstrating an unrelenting commitment to excellence. For more information, please visit bakerbotts.com.