The Most Difficult Definition: Considerations for Defining “Genetically Modified Organism"
August 17, 2017
Post by Caitlin M. Andersen

Post By Caitlin M Andersen A patent applicant is free to act as their own lexicographer in drafting an application and may define terms as they see fit. Should a word not be defined explicitly in the application, the Patent Office will then give the term “the broadest reasonable interpretation according to a person having ordinary skill in the art” -- they will broadly define the word as someone of equal t....... Read More

Domain Name Disputes: A UDRP Primer
August 09, 2017
Post by Brandon W. Clark

Post By Brandon Clark Has someone registered a domain that is identical or strikingly similar to your brand name or trademark? What rights do you have and what legal remedies are available if you or your company find yourself in a dispute over a domain name? This article is intended to serve as a brief overview of domain name dispute resolution proceedings. ICANN, the Internet Corporation for Assigned Name....... Read More

What's In A Name?
August 02, 2017
Post by Blog Staff

Post By Blog Staff Theresa Earnhardt, widow to professional race car driver Dale Earnhardt and step-mother to Kerry Earnhardt, appealed the Trademark Trial and Appeal Board’s decision that her stepson’s mark, EARNHARDT COLLECTION, was notas a whole primarily a surname. Theresa Earnhardt is the owner of trademark registrations and common law rights in the use of the mark DALE EARNHARDT. Kerry Earnhardt, as CEO ....... Read More

When Life Hands you Lemons, Make CoQ10
July 27, 2017
Post by Blog Staff

Post By Blog Staff In the Federal Circuit Decision of Soft Gel Technologies, Inc. v. Jarrow Formulas, Inc., the Court found three related Soft-Gel patents invalid for obviousness. The three patents describe a way to dissolve CoQ10 in monoterpenes for enhanced delivery to the body. The patents disclosed two suitable examples, limonene and carvone and derivatives thereof. However, prior to suit, the Patent T....... Read More

Surge in Patent Applications Related to 3D Printing: Is Yours One of Them?
July 26, 2017
Post by Jonathan L. Kennedy

Post By Jonathan L. Kennedy The USPTO recently released statistics that over 8,000 patent applications were filed in 2016 related to 3D printing (additive manufacturing). Some of the interesting 3D printing inventions that have been subject to publicity include,prosthetic hands and fingers for children without fingers, three-dimensional bioprinting of human-compatible vascularized tissue developed by gradu....... Read More

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 Nicholas J. Krob

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

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 Patricia A. Sweeney - Of Counsel

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

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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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