Filewrapper®

"Green" Patent Protection: A Filewrapper® Series on Environmental Technology and Patent Protection-Part I
September 27, 2016
Post by Caitlin M. Andersen

Post By Caitlin M. Andersen Mounting scientific evidence that the global climate is changing has sparked a new wave of innovation in the field of environmental technologies. Many of these improvements to existing technologies have been patented and licensed, enhancing the financially lucrative nature of research and development in this industry. However, in some instances, despite tech....... Read More


You May Enforce Your Trademark Right Across Border After All
September 20, 2016
Post by Xiaohong Liu, Ph.D.

Post By Xiaohong Liu, Ph.D. Bayer owns and uses the FLANAX trademark in Mexico to sell a pain reliever product. Neither Bayer nor its sister company in the US registered the FLANAX trademark in the US, but rather use another trademark, ALEVE, to sell the same product here. In 2004 Belmora registered FLANAX in the US for sales of a substantially same product. Bayer successfully c....... Read More


Federal Circuit Provides Opening for Patent Eligibility of Software and Computer-Based Inventions
September 16, 2016
Post by Nicholas J. Krob

Post By Nicholas J. Krob The United State Court of Appeals for the Federal Circuit has provided clarity this week regarding the patent eligibility of computerized processes. On Tuesday, the appellate court issued its ruling in McRO, Inc. v. Bandai Namco Games America Inc. et. al., wherein it reversed the lower court's ruling that patents on lip-sync technology were invalid for claiming an abstract id....... Read More


The Importance of Deposit Copies in Copyright Litigation
September 08, 2016
Post by Brandon W. Clark

Post By Brandon W. Clark Two of the most notorious copyright litigation cases in recent years share one thing in common, neither jury was allowed to compare the audio recordings of the songs in question. The rulings in both the "Blurred Lines"and "Stairway to Heaven"cases show how important it is to file accurate and complete deposit copies with the US Copyright Office. "Blurred....... Read More


Attorneys Granted Motion for Increased Fees in "Happy Birthday" Copyright Suit
August 28, 2016
Post by Blog Staff

Post By Blog Staff Recently a California U.S. District Judge found that Warner/Chappell Music, Inc. did not hold a valid copyright on the song "Happy Birthday To You‚¬, and the song was held to be in the public domain. As part of the judgment, Warner/Chappell Music, Inc. was ordered to pay $14 million to reimburse members of the class action law suit ho had previously paid to use the song "Happy Birthday T....... Read More


USPTO Offers New Pilot Program for After Final Responses
August 26, 2016
Post by Jonathan L. Kennedy

Post By Jonathan L. Kennedy The USPTO has implemented the "Post-Prosecution Pilot"referred to as the "P3 Program."The goal of the program is to reduce the need for appeals by providing a more robust after final, pre-appeal program. The P3 Program essentially blends two existing programs: the After Final Consideration Pilot and the Pre-Appeal Brief Conference Pilot. The After Final Cons....... Read More


"Stairway to Heaven" Holds on to Iconic Riff
August 10, 2016
Post by Caitlin M. Andersen

Post By Caitlin M. Andersen One of the most iconic rock songs of the 20th Century came under fire earlier this summer for allegations of copyright infringement. The estate of Randy Wolfe, guitarist for Spirit on the song "Taurus,"brought a copyright suit against Led Zeppelin, frontman Robert Plant, and guitarist Jimmy Page alleging infringement of a guitar riff that opens the iconic cl....... Read More


"White" Color Mark
July 18, 2016
Post by Blog Staff

Post By Blog Staff In In re Hodgdon Powder Company, Inc., the TTAB overturned a prior refusal to register a color mark for gunpowder. In doing so, the TTAB found that Hodgdon Powder Co. had proven acquired distinctiveness under Section 2(f) of the Trademark Act of 1946, 15 U.S.C. § 1052(f), for the color "white"as applied to gunpowder in International Class (IC) 13. The description ....... Read More


The Federal Circuit Further Defines the Scope of the On-Sale Bar to Patentability
July 11, 2016
Post by Blog Staff

Post By Blog Staff In The Medicines Co. v. Hospira, Inc., the full Federal Circuit recently elaborated what exactly constitutes a "sale"for the purposes of the "on sale"bar under Pre-America Invents Act (AIA) 35 U.S.C. § 102(b). Pre-AIA § 102(b) and AIA § 102(a)(1) forbid the granting of a patent where the claimed invention was "on sale"prior to an application for a patent. InThe Medicines Co. v. Hospira, I....... Read More


Federal Circuit Upholds 180-Day Notice Period for Biosimilars
July 06, 2016
Post by Blog Staff

Post By Blog Staff On Tuesday, the Federal Circuit sustained an injunction preventing generic drug maker Apotex, Inc. from selling a similar version of Amgen Inc's Neulasta drug without a 180 day notice period after being approved by the FDA. The drug is used to boost white blood cell counts in cancer patients and is made using living cells. Because of the nature of biologic drugs such....... 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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