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Inevitable Does Not Equal Obvious
July 21, 2017
Post by Blog Staff

Post By Blog Staff Earlier this week, the Unites States Court of Appeals for the Federal Circuit (“CAFC”) held that the United States District Court for the District of Delaware clearly erred in its obviousness analysis in Millennium Pharmaceuticals, Inc. v. Sandoz, Inc, reversing the lower court’s decision and entering judgment in favor of Millennium. Millennium Pharmaceuticals, Inc. (“Millennium”) sued t....... Read More


Ninth Circuit Reiterates Role of Online Commerce in Likelihood of Confusion Analysis
July 14, 2017
Post by Krob, Nicholas J.

Post By Nicholas Krob The Ninth Circuit issued a ruling on Tuesday clarifying the role of marketing channels in trademark infringement lawsuits. The case at issue involved two furniture manufacturers—Stone Creek Inc. and Omnia Italian Design Inc.  Stone Creek manufactures furniture it sells directly to customers.  In doing so, it uses a trademark consisting of the words “Stone Creek” circled by....... Read More


Court of Appeals Gets Specific with Enablement
July 11, 2017
Post by Blog Staff

Post By Blog Staff In Storer v. Clark, the Court of Appeals explored whether a provisional application had sufficiently enabled interference subject matter.  In order to prove enablement it must be shown that “one skilled in the art, having read the specification, could practice the invention without ‘undue experimentation.’” ALZA Corp. v. Andrx Pharm., LLC, 603 F.3d 935, 940 (Fed. Cir. 2010). Undue e....... Read More


STRONGER PATENTS ACT
July 07, 2017
Post by Blog Staff

Post By Blog Staff On June 21, 2017, U.S. Senators Chris Coons (D-DE), Tom Cotton (R-AR), Dick Durbin (D-IL), and Mazie Hirono (D-HI) introduced the STRONGER Patents Act of 2017 with the goal of strengthening the U.S. patent system by making it easier and cheaper for patent holders to enforce their patents. STRONGER (Support Technology and Research for Our Nations Growth and Economic Resilience) is based o....... Read More


When a printer is not like a molecule – sales of biologicals and a recent Supreme Court decision
July 05, 2017
Post by Sweeney, Patricia A.

Post By Patricia Sweeney A month ago, we reported to you that a US Supreme Court decision reversed prior law and said that once a patented item is sold, the patent holder can no longer sue the legitimate purchaser of the patented product. Up until that decision, the Federal Circuit had held a patent owner could sell some but not all rights of a patent. In Impression Product Inv. v. Lexmark International In....... Read More


Attorneys' Fees included under "All the Expenses"
June 27, 2017
Post by Blog Staff

Post By Blog Staff On June 23, 2017, the Federal Circuit released a decision allowing the USPTO to recover attorneys’ fees under 35 U.S.C. § 145. According to § 145:                   “[a]n applicant dissatisfied with the decision of the [PTAB] . . . may, unless appeal has been taken to the United States Court of Appeals for the Federa....... Read More


Gene Simmons Attempts to Trademark Iconic Hand Symbol
June 21, 2017
Post by Clark, Brandon W.

Post By Brandon Clark Kiss lead singer, Gene Simmons, recently filed a trademark application with the United States Patent and Trademark Office (USPTO) to register the famous rock ‘n’ roll “horns” hand gesture as a trademark. Simmons filed the application June 9th to register “a hand gesture with the index and small fingers extended upward and the thumb extended perpendicular” as a trademark for “live perf....... Read More


Say What You Will About Trademarks
June 19, 2017
Post by Blog Staff

Post By Blog Staff Simon Tam chose to name his band “The Slants” with the intent to reclaim the term and erase the denigrating connotations associated with it. However, he was confronted with the denial of his trademark application based on the disparagement clause of the Lanham Act. This raised an interesting issue of whether the disparagement clause violates the First Amendment. The Lanham Act allows tra....... Read More


Supreme Court Rules for Biosimilar Applicants under the BPCIA
June 16, 2017
Post by Blog Staff

Post By Blog Staff On June 12, 2017, the Supreme Court released a decision in Sandoz Inc. v. Amgen Inc., which involved a case emerging out of the Biologics Price Competition and Innovation Act.   The Biologics Price Competition and Innovation Act of 2009 (BPCIA) provides an abbreviated pathway for biosimilar products of already licensed biological products (reference products) to FDA approval. Under the Act,....... Read More


Patent Applications - What Happens After They Are Filed?
June 09, 2017
Post by Mohrhauser, Luke T.

You have worked with an MVS attorney to get your invention covered by a patent application, and the application has been filed. Great! Have you ever wondered what happens to the application at the US Patent Office? Part of it depends on if you have filed a provisional application or a utility application. If you filed a provisional application, the application gets assigned a serial number and filing date,....... 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.

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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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