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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Post By Jonathan L. Kennedy In Black & Decker, Inc. v. Positec USA, Inc., a non-precedential opinion, the Federal Circuit reversed the Patent and Trial Appeal Board's (PTAB) finding of obviousness of two claims.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


Supreme Court Revisits Standard for Awarding Attorneys’ Fees in Copyright Cases
April 28, 2016
Post by Brandon W. Clark

Post By Brandon W. Clark Earlier this week the Supreme Court heard oral arguments addressing the relevant standard for awarding attorneys’ fees in cases involving copyright law. The Court’s ruling, expected later this spring, will likely have a significant impact on copyright litigation cases. Section 505 of the Copyright Act provides that a district court “may” award a reasonable attorney’s fee to a “prevailing p....... Read More


Trade Secret Law Update (House Passes the Defend Trade Secrets Act of 2016)
April 28, 2016
Post by Xiaohong Liu, Ph.D.

Are You Ready? The Defend Trade Secret Act is Coming! Today, the House of Representative passed the Defend Trade Secrets Act (DTSA) of 2016 by a vote of 410-2, as previously anticipated.The Senate already passed the DTSA on April 4th. The next step for the DTSA to become law of the land is the signature of the President, who issued a statement earlier (available here) to indicate his full support for this....... Read More


USPTO Issues Rule Amendments for Trials Before PTAB
April 07, 2016
Post by Laura L. Hupp

Post By Laura L. Hupp The United States Patent and Trademark Office issued finalized amendments to the rules for trials before the Patent Trial and Appeal Board. The updated rules were issued in a Federal Register Notice on April 1, 2016, which may be found here. The rules put into final form most of the amendments proposed on August 20, 2015, which pertain to inter partes review (IPR), covered business ....... Read More


UPDATE: Will the U.S. Enact a Federal Trade Secret Law?
April 07, 2016
Post by Jill N. Link, Pharm.D.

Post By Jill N. Link, Pharm.D. The Filewrapper® series relating to all things trade secrets has previously updated the status of proposed federal trade secret legislation (available here). As previously reported there appears to be sufficient legislative support to enact legislation to establish a single, national standard for trade secret misappropriation with transparent procedural rules. The Senate ....... Read More


Do I have a trade secret, confidential information or patentable subject matter? (Part 5 of Trade Secret Series)
April 04, 2016
Post by Jill N. Link, Pharm.D.

Post By Jill N. Link, Pharm.D. In this fifth installment of the Filewrapper® series on trade secrets we begin to dive into the differences between confidential information, a trade secret and patentable subject matter. Here is a hint—they are not mutually exclusive. Moreover, the decision to should protect an asset as a trade secret as opposed to a patent may be a difficult one.  This post follo....... Read More


Tracking the Mayo Effect: Study Examines Personalized Medicine Patent Applications after SCOTUS Decision
April 04, 2016
Post by Daniel M. Lorentzen, Ph.D.

Post By Daniel M. Lorentzen, Ph.D. The US Supreme Court decided Mayo Collaborative Servs. v. Prometheus Labs. in 2012, effectively redefining the scope of patent eligible subject matter, particularly with respect to biotechnology and personalized medicine. Subsequent decisions by the Court in Myriad and Alice have confirmed what many prognosticators had predicted: a wide-spread broadening of the judicially-....... Read More


PTAB's Interpretation of 35 USC 315(b) Continues to Stand: Dismissal Without Prejudice Effectively Nullifies the One Year Bar to Bring an IPR
March 30, 2016
Post by Jonathan L. Kennedy

Post By Jonathan L. Kennedy The USPTO's Patent Trial and Appeal Board's holding that the voluntary dismissal of a lawsuit, without prejudice, effectively nullifies the service of the complaint for purposes of triggering the one year bar in 35 U.S.C. § 315(b) to petition for the institution of an inter partes review (IPR) stands in Shaw Indus. Grp. v. Automated Creel Sys. after the Federal Circuit maintains that it....... 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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