Wilt Toikka Kraft LLP

Author name: Micheille Gillette

Motivation to Alter Prior Art: Bit Swap Need Not Align with Inventor’s Intent

The US Court of Appeals for the Federal Circuit recently reversed a Patent Trial & Appeal Board (PTAB) decision, ruling that the challenged patent claims were obvious. The Court found that a person of ordinary skill in the art (POSITA) would have been motivated to swap two specific information bits in a 20-bit codeword to […]

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Ways Employers Can Offer Aid to Employees Affected by the Los Angeles Wildfires

Over the last two weeks, wildfires have caused significant damage and destruction to homes and communities in Los Angeles, California, and the surrounding areas. In the aftermath of this devastation, employers may look for ways to offer financial support to employees affected by the disaster. Thankfully, the Internal Revenue Service (IRS) has provided guidance on

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Further AI Guidance from U.S. Copyright Office to Begin in January 2025

On December 16, 2024, the U.S. Copyright Office announced that it would delay the release of Parts 2 and 3 of its report on copyright and AI until after January 1, 2025. The report follows an August 2023 Notice of Inquiry about AI-related copyright issues, which sought input on whether AI impacts areas not currently

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New Year, New Policy: Paid Prenatal Leave in New York for 2025

January 1, 2025, marked more than just the start of the new year. In New York State, it also signaled the implementation of a groundbreaking law that mandates paid prenatal leave for women. This leave, outlined in two amendments to the New York Labor Law (Sections 196-b.2 and 4-a), was signed into law by Governor

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Copyright Office Delays Final Report on Artificial Intelligence to 2025

This week, Director Shira Perlmutter announced that the publication of part two of the U.S. Copyright Office’s three-part report on copyright issues surrounding artificial intelligence (AI) will be delayed further. In a letter addressed to the ranking members of the Senate Subcommittee on Intellectual Property and the House Subcommittee on Courts, Intellectual Property, and the

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Sixth Circuit Extends Family and Medical Leave Act Protections to Additional Family Relationships

The Family and Medical Leave Act (FMLA) offers job-protected, unpaid time off to eligible U.S. employees for various family and medical reasons, including pregnancy, childbirth, adoption, and personal or family illness. Under the statute, eligible employees are permitted to take FMLA leave to care for a family member with a serious health condition. However, the

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The Surge in Trade Secret Misappropriation and Enforcement Choices in the U.S.

Trade secret litigation is experiencing a boom in the U.S., driven by several key factors. These include the increasing mobility of the global workforce, the ease with which electronic data can be captured and transferred, the involvement of nation-state actors in information theft, and the time-limited benefits and uncertainties of patent litigation. Additionally, the rise

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Weathering the Storm: Key Wage and Hour Concerns for Employers During Inclement Weather

When winter storms strike, businesses are often faced with the difficult decision of whether to shut down operations for employee safety, bringing wage and hour concerns to the forefront. During unexpected closures, employers must consider whether employees are entitled to be paid under the Fair Labor Standards Act (FLSA). Below is an overview of employers’

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Trademark Fees to Rise in 2025, U.S. Patent and Trademark Office Announces

The United States Patent and Trademark Office (USPTO) has announced its Final Rule, which adjusts filing fees at various stages of the trademark application and maintenance process. These new fees will take effect on January 18, 2025. In a move to encourage applicants to use the standard goods/service descriptions from the USPTO’s Acceptable Goods and

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Juries Reject Race Discrimination: Substantial Jury Awards for Victims of Racial Discrimination and Harassment in the Workplace

On April 10, 2024, a federal jury in Pennsylvania awarded $20.5 million to a Black customer service representative who faced a racially hostile work environment. Then, on August 30, 2024, a federal jury in Indiana granted over $1 million to a Black plaintiff who claimed he was not hired due to his race. On September

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