A Blessing and A Curse: Plant Variety Protection Act Enforcement
March 30, 2017
Post by Caitlin M. Andersen

Post By Caitlin M Anderson The concept of protecting and enforcing intellectual property associated with plants is nothing new to the attorneys of McKee, Voorhees, and Sease. In 2001, Ed Sease successfully argued the landmark decision ofJ.E.M. Ag Supply v. Pioneer Hi-Bred Int'l before the United States Supreme Court. In addressing the issue of whether plants could be protected under utility patent law, ....... Read More

The Supreme Court changes patent law again on how long can a plaintiff wait to file a patent infringement action
March 24, 2017
Post by Patricia A. Sweeney - Of Counsel

Post By Patricia Sweeney If a plaintiff files an infringement action against a defendant, federal law imposes a statute of limitations that there can be no recovery for infringement more than six years before filing of the complaint or counterclaim asserting infringement. 35 USC § 286. Separately, the concept of "laches"is a defense that can be used by a defendant to prevent enforcement of a paten....... Read More

USPTO Heightens Post-Registration Requirements for Trademarks
March 16, 2017
Post by Brandon W. Clark

Post By Brandon Clark The U.S. Patent and Trademark Office (USPTO) has recently made changes to the post-registration requirements for U.S. trademark registrations. Effective March 21, 2017, the USPTO will implement a post-registration audit program intended to obtain additional evidence and ensure accuracy of claims that a trademark is in use in commerce in connection with the goods/services list....... Read More

Federal Circuit Affirms $7.5 Million Award in Telecommunications Suit
March 09, 2017
Post by Blog Staff

Post By Blog Staff On Tuesday, the Federal Circuit affirmed a $7.5 million jury verdict against Sprint in litigation over a series of Comcast patents addressing computer network technology assisting telephone calls. More specifically, the patents use Domain Name System (DNS) technology to identify a call destination, and route the calling party through a telecommunication system. Es....... Read More

Juggling your Patent Family to Keep Optimal Patent Life
February 20, 2017
Post by Patricia A. Sweeney - Of Counsel

Post By Patricia Sweeney You've filed a patent application that is to a broad, important aspect of your product, and also filed a continuing application to one version of that invention. The narrower second-filed application receives a notice of allowance. But before you pay the issue fee, it is worthwhile to consider whether this second narrower will impact the life of the parent fili....... Read More

Not so 'Black or White': IRS Takes on Michael Jackson
February 17, 2017
Post by Nicholas J. Krob

Post By Nicholas Krob How much is Michael Jackson worth?  This is one of the underlying questions currently being considered in U.S. Tax Court right now, as Michael Jackson's estate battles with the Internal Revenue Service over the late entertainer's estate taxes. The IRS served the Jackson estate with a notice of deficiency back in 2013 contesting the estate's valuation of various items follow....... Read More

Are Patents by State Universities More Valuable?
February 07, 2017
Post by Xiaohong Liu, Ph.D.

Post By Xiaohong Liu A recent USPTO Patent and Trial Appeal Board ("PTAB‚¬) decision begs the question whether patents owned by State Universities have increased value. The case, Covidien LP v. University of Florida Research Foundation Inc., held that patents assigned to State universities cannot be challenged in popular inter parties review (IPR) proceedings, because of sta....... Read More

When the Unthinkable Happens: IP Considerations for Bankruptcy
February 01, 2017
Post by Caitlin M. Andersen

Post By Caitlin M Anderson In the event that the unthinkable happens and bankruptcy becomes the only course of action for businesses, having not only a good bankruptcy attorney, but also having an involved IP attorney is vital to ensure that rights in valuable intellectual property are appropriately addressed and maintained. A basic understanding of Chapter 7 and Chapter 11 commercial bank....... Read More

Copyright Infringement and Fair Use in a Digital World
January 26, 2017
Post by Brandon W. Clark

Post By Brandon Clark In the most general sense, copyright infringement is copying, or using, a work protected by copyright without permission from the copyright owner. Almost inevitably, soon after you hear the words "copyright infringement", you will also hear the words "fair use". Fair use is one of the most frequently discussed defenses to copyright infringement but it is also one of the least unders....... Read More

Trading Technologies: Successful Software Patents
January 20, 2017
Post by Blog Staff

Post By Blog Staff In Trading Technologies v. GQG, the Federal Circuit addressed the patentability of software directed to a specific purpose. Trading Technologies owns patents for a computerized method and system for trading stocks, and other related goods. The method relies on improved software and user interface to facilitate stock transactions at a faster and more effici....... 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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