Post-Grant Reviews under the America Invents Act
January 05, 2017
Post by Marcus A. Smetka

Post By Marcus Smetka The America Invents Act implemented the Post-grant Review (PGR) process as a new means of challenging existing patents. PGR differs from Inter Partes Review (IPR) in that PGR allows for a wider array of invalidity challenges. One example of a new challenge allowed under PGR is the ability to challenge the claims as being indefinite. However, Post-grant Review is only available for patents fi....... Read More

New Year’s Resolution: Trademark Review and Planning
December 29, 2016
Post by Nicholas J. Krob

Post By Nicholas Krob 2017 is fast approaching, which means one thing: It is time to select, and soon start implementing, your new year’s resolution! For most businesses, there are few resolutions better than those designed to help protect the company’s valuable intellectual property. Accordingly, consider making the review and maintenance of your company’s trademark portfolio this year’s resolution. O....... Read More

Trademark Description: Does job placement software render the service of professional placement and recruitment?
December 22, 2016
Post by Marcus A. Smetka

Post By Marcus Smetka In 2004 JobDiva registered the service mark JOBDIVA (U.S. Registration 2,851,917, hereinafter ‘917) for “personnel placement and recruitment” services. In 2005, JobDiva registered the service mark JOBDIVA (plus design) (U.S. Registration 3,013,235, hereinafter ‘235) for “personnel placement and recruitment services; computer services, namely, providing databases featuring recruitme....... Read More

Plan for the New Year, Maybe More Opinions of Counsel?
December 14, 2016
Post by Xiaohong Liu, Ph.D.

Post By Xiaohong Liu One of the most important US Supreme Court decisions in 2016 or in recent years is Halo Electronics Inc. v. Pulse Electronics Inc.  In Halo, the Supreme Court reshaped the law on enhanced damages by relaxing the standard for providing willful infringement and making it easier for patent owners to recover enhanced damages.   Before the Halo decision, obtaining enhanced damage....... Read More

Copyright Office Establishes New Electronic DMCA Agent Registration
December 14, 2016
Post by Brandon W. Clark

Post By Brandon Clark The Digital Millennium Copyright Act (DMCA) safe harbor provision is one of the most important copyright laws of today’s online focused society. As of December 1, 2016, the Copyright Office has enacted a new set of rules one must follow to register a DMCA agent. The new system makes registration cheaper and easier but does require website owners and hosts to take proactive steps to....... Read More

Broad Definition of "Article of Manufacture" Costs Apple $400M
December 06, 2016
Post by Caitlin M. Andersen

Post By Caitlin M Anderson Since May 2015, Filewrapper, along with the intellectual property community, has been closely watching the heated Apple v. Samsung design patent and trade dress row.  On December 6th, the Supreme Court upset the controversial $400 million damages award to Apple, essentially holding that such penalties are available for the “article of manufacture,” which may not m....... Read More

The New Trade Secret Law Impact on Business
November 28, 2016
Post by Patricia A. Sweeney - Of Counsel

Post By Patricia Sweeney      It’s just nine months old, but the new Defend Trade Secrets Act provides for a new stronger defense of key intellectual property.  Enacted May 11, 2016, the law provides for the first time for a uniform federal law protecting trade secrets.  Previously, trade secrets could be enforced only according to variable state law, and in state courts.&n....... Read More

Federal Circuit Determines the Statutory Standard for Instituting Review of Covered Business Method Patents
November 25, 2016
Post by Blog Staff

Post By Blog Staff       Unwired Planet v. Google involved a review of what standard the Patent Trial and Appeal Board should use in order to institute reviews of Covered Business Method (CBM) patents. Unwired owns the patent in question which describes a system and method for restricting access to a wireless device’s location information. Google petitioned for CBM review of ....... Read More

Unity of Control over a Family of Marks
November 16, 2016
Post by Marcus A. Smetka

Post By Marcus Smetka Wise F&I, LLC and a number of its subsidiaries recently opposed Allstate Insurance Company’s application to register the marks MILEWISE and ALLSTATE MILEWISE for “ insurance services, namely, writing and underwriting of property and casualty insurance and providing ancillary services thereto, namely, administration and claims adjustment,” in International Class 36. Wise F&I, LLC and ....... Read More

USPTO Data Visualization Center
November 10, 2016
Post by Jonathan L. Kennedy

Post By Jonathon L. Kennedy Have you ever wondered how long the typical time before a first Office Action in a pending patent or trademark application is?  Or am I the only one waiting for some months after filing an RCE to have my patent application reexamined?  Or what is the average length of time a patent application or trademark application is examined before allowance?  The USPTO Data Visual....... 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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