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"White" Color Mark
July 18, 2016
Post by Marcus A. Smetka

Post By Marcus A. Smetka In In re Hodgdon Powder Company, Inc., the TTAB overturned a prior refusal to register a color mark for gunpowder. In doing so, the TTAB found that Hodgdon Powder Co. had proven acquired distinctiveness under Section 2(f) of the Trademark Act of 1946, 15 U.S.C. § 1052(f), for the color “white” as applied to gunpowder in International Class (IC) 13. The description of the mark i....... Read More


The Federal Circuit Further Defines the Scope of the On-Sale Bar to Patentability
July 11, 2016

Post By Blog Staff In The Medicines Co. v. Hospira, Inc., the full Federal Circuit recently elaborated what exactly constitutes a “sale” for the purposes of the “on sale” bar under Pre-America Invents Act (AIA) 35 U.S.C. § 102(b). Pre-AIA § 102(b) and AIA § 102(a)(1) forbid the granting of a patent where the claimed invention was “on sale” prior to an application for a patent. InThe Medicines Co. v. Hospira, Inc.,....... Read More


Federal Circuit Upholds 180-Day Notice Period for Biosimilars
July 06, 2016

Post By Blog Staff On Tuesday, the Federal Circuit sustained an injunction preventing generic drug maker Apotex, Inc. from selling a similar version of Amgen Inc’s Neulasta drug without a 180 day notice period after being approved by the FDA. The drug is used to boost white blood cell counts in cancer patients and is made using living cells. Because of the nature of biologic drugs such as Neulasta, it is e....... Read More


Federal Circuit Finds Patent Eligibility for Application of Natural Law
July 05, 2016
Post by Daniel M. Lorentzen, Ph.D.

Post By Daniel M. Lorentzen, Ph.D. Post By Daniel M. Lorentzen, Ph.D. Post By -- Please select --  The Federal Circuit has handed down its decision in Rapid Litigation Management v. CellzDirect.  The technology at issue in the case is a method of freezing-and-thawing a group of hepatocytes and then selecting those that are still viable.  The patent-owner sued the defendant for infringement o....... Read More


Olympian Patent Champions
June 30, 2016
Post by Kirk M. Hartung

Post By Kirk M. Hartung The final judges scores are in, and the champions have been named for most utility patents received in 2015.  IBM took home the gold medal with 7440 utility patents issued for the year. This software company, based in New York, has led the patent grant field for 23 consecutive years. The silver medal in 2015 went to Samsung Electronics (5059 issued utility patents), and the br....... Read More


Sequenom and the Future of Patentable Subject Matter
June 30, 2016

Post By Blog Staff On June 27, the Supreme Court denied Sequenom’s petition from the Federal Circuit’s 2015 decision in Ariosa v. Sequenom. The relevant patent claimed methods of measuring cell-free fetal DNA (cffDNA) in maternal plasma and serum in order to identify fetal characteristics. The Federal Circuit assessed whether the claimed methods were directed to a naturally-occurring phenomenon, and thus u....... Read More


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


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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.

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