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The Effects of Brexit on IP Protection
June 24, 2016

Post By Blog Staff This morning, the world woke to the news that the UK has voted to leave the European Union. While we will continue to see the far reaching consequences of this decision in the days to come, there are a few certainties concerning European intellectual property rights. The Effects Will Not be Immediate The Lisbon Treaty provides for a two year transition period for all countries lea....... Read More


Existing IPR Procedure Will Likely Stay the Same
June 23, 2016
Post by Xiaohong Liu, Ph.D.

Post By Xiaohong Liu, Ph.D. The Federal Circuit yesterday, in a ten-to-one decision, rejected Ethicon’s petition for en banc rehearing on the question of whether the USPTO Director improperly delegated decision-making authority for the institution of inter partes review (IPR) to a PTAB panel. This decision confirms another existing USPTO practice, the function of PTAB panels to both institute and hold a tr....... Read More


Supreme Court Upholds Broadest Reasonable Interpretation and No Review for Institution in PTAB Proceedings
June 20, 2016
Post by Daniel M. Lorentzen, Ph.D.

Post By Daniel M. Lorentzen, Ph.D. The Supreme Court has issued its opinion in the case of In re Cuozzo Speed Technologies, LLC. In re Cuozzo initially began as an inter partes review (IPR) with the Patent Trial and Appeals Board (PTAB) where Garmin challenged the validity of Cuozzo’s patent relating to an interface that uses GPS technology to display a vehicle’s speed as well as the speed limit on the basi....... Read More


Under Pressure: The State of Sampling in the Music Industry
June 20, 2016

Post By Blog Staff Earlier this month, Madonna won the appeal of a copyright infringement lawsuit before the 9th Circuit Court of Appeals. The plaintiff, VMG Salsoul LTD., alleged that a tiny (0.23 second!) sample of the horns from the song “Love Break” was used in Madonna’s song “Vogue.” The majority held that the sample was too small to be considered infringement. Circuit Judge Susan Graber wrote, "A....... Read More


Derivative Works and Remastered Sound Recordings
June 16, 2016
Post by Brandon W. Clark

Post By Brandon W. Clark A recently decided court case regarding remastered versions of pre-1972 sound recordings could have significant legal and practical implications for musicians, recording artists, sound engineers, and record labels. Judge Perry Anderson, of the United States District Court for the Central District of California, recently granted Summary Judgment for CBS Radio Inc. in a case brought ....... Read More


Supreme Court Issues Decision on Treble Damages
June 13, 2016

Post By Blog Staff On the subject of willful infringement, 35 U.S.C. § 284 provides that, “[T]he court may increase the damages up to three times the amount found or assessed.” On its face, the statute allows for broad discretion by the district courts, but the Federal Circuit set out a stricter standard for awarding of enhanced damages, as In re Seagate Technology LLC. This test required clear and convinc....... Read More


Court-Mandated Claim Limitation: The Complexity of Simplification
June 02, 2016

Post By Blog Staff Patent cases often present many complex issues because a given case can feature a patent portfolio where each patent within the portfolio has a high number of litigable claims. Parties filing a patent suit on the basis of a patent portfolio and/or a large number of claims should be aware and prepared to respond to the court’s potential use of a simplification technique called mandated cl....... Read More


Federal Circuit Reverses PTAB Obviousness Decision for the Board's Failure to Adequately Articulate an Obviousness Rationale
May 25, 2016
Post by Jonathan L. Kennedy

Post By Jonathan L. Kennedy In Black & Decker, Inc. v. Positec USA, Inc., a non-precedential opinion, the Federal Circuit reversed the Patent and Trial Appeal Board's (PTAB) finding of obviousness of two claims.  The appeal arose from an Inter Partes Review (IPR) of U.S. Patent No. 5,544,417 owned by Black & Decker directed to a string trimmer.  The PTAB had instituted the IPR on two a....... Read More


USPTO Releases New Guidance on Life Sciences Patent-Eligible Subject Matter
May 19, 2016
Post by Laura L. Hupp

Post By Laura L. Hupp The United States Patent and Trademark Office has issued new guidance for Subject Matter Eligibility of Life Sciences patents. A memorandum with the subject "Formulating a Subject Matter Eligibility Rejection and Evaluating the Applicant's Response to a Subject Matter Eligibility Rejection" was released May 4, 2016. The Memorandum was accompanied by a new set of subject matter eligibil....... Read More


UPDATE: Federal Trade Secret Act Signed into Law
May 11, 2016
Post by Daniel M. Lorentzen, Ph.D.

Post By Daniel M. Lorentzen, Ph.D. Today (May 11, 2016), the Defend Trade Secrets Act (DTSA) of 2016 was signed into law by President Obama.  The DTSA was passed in the House of Representatives on April 27, by a vote of 410-2.  The Senate had previously passed the DTSA on April 4 by a vote of 87-0. The DTSA was presented to the President for signature on April 29, who issued a statement earlier t....... Read More


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Purpose

The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

Disclaimer

McKee, Voorhees & Sease, P.L.C. provides this blog for general informational purposes only. By using this blog, you agree that the information on this blog does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and McKee, Voorhees & Sease, P.L.C. Do not consider this blog to be a substitute for obtaining legal advice from a qualified, licensed attorney. While we try to revise this blog on a regular basis, it may not reflect the most current legal developments. We consciously refrain from expressing opinions on this blog and instead, offer it as a form of information and education, however if there appears an expression of opinion, realize that those views are indicative of the individual and not of the firm as a whole.

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