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Roundup of media coverage of "KSR v. Teleflex"
December 04, 2006
Post by Blog Staff

After last week's arguments before the Supreme Court in KSR v. Teleflex, the media has begun to offer its perspective on the case. Below is a sampling of the media coverage, which generally appears to think that the teaching-suggestion-motivation (TSM) test will either be scrapped entirely, or at least allow other ways to prove an invention is obvious, and therefore not patentable.New York TimesUSA TodayLos Angel....... Read More


Buffett settles with alleged trademark infringer
November 29, 2006
Post by Blog Staff

Jimmy Buffett reached a settlement with a man he accused of selling merchandise that infringed his trademarks. The alleged infringer, Robert Akard, was selling Buffett-themed merchandise via his website. The judge in the case ordered Mr. Akard's website shut down until the conclusion of the case and to disclose how much money he had made via his online sales. On Monday, however, Mr. Akard was found to be in con....... Read More


Supreme Court questions Federal Circuit's obviousness test: is it "gobbledygook"?
November 29, 2006
Post by Blog Staff

In oral argument before the Supreme Court in KSR International Co. v. Teleflex, Inc., several Justices appeared uncomfortable with the Federal Circuit's "teaching-suggestion-motivation" (TSM) test for obviousness. Justice Scalia, in his typical direct style, characterized the TSM test at various times as "gobbledygook," "irrational," and "meaningless." Other Justices, ....... Read More


Supreme Court to hear key obviousness case today
November 28, 2006
Post by Blog Staff

This morning the Supreme Court will hear oral arguments in KSR International Co. v. Teleflex, Inc., a potentially landmark case on the issue of obviousness in patent law. The case deals with adjustable automotive pedals in vehicles with electronic throttle controls. Teleflex sued KSR for infringement of patent no. 6,237,565. KSR asserted that the '565 patent was obvious, and the district court agreed, granting ....... Read More


Johnson selected for TAI Board of Directors
November 28, 2006
Post by Blog Staff

The Technology Association of Iowa (TAI) today announced the names of eight newly-elected industry leaders to its Board of Directors. The executives share a strong commitment to develop Iowa's information technology (IT) sector as an engine for broad-based economic prosperity. The newly appointed board members are: John-Paul Besong, Senior Vice President of e-Business and Lean Elec....... Read More


Mattel sues makers of Bratz dolls for trade secret misappropriation
November 27, 2006
Post by Blog Staff

Mattel, the manufacturer of Barbie dolls, sued a former employee, Carter Bryant, for trade secret misappropriation in 2004. Now, Mattel is attempting to add MGA Entertainment, makers of the relatively new Bratz dolls, to the case. Mattel alleges that Mr. Bryant conceived of the Bratz doll design while working for Mattel, and therefore Mattel owns the rights to Bratz dolls.Mattel is also attempting to register se....... Read More


US Copyright office issues new exemptions from DMCA
November 25, 2006
Post by Blog Staff

Every three years, the United States Copyright Office seeks proposals for exemptions from the Digital Millennium Copyright Act ("DMCA"). The DMCA was enacted in 1998. As part of the DMCA, it became unlawful to circumvent access control measures copyright holders used to secure their copyrighted works. For example, it is a violation of the DMCA to use a program to "break" the content scramble system ("CSS") encr....... Read More


Majority of Federal Circuit appears ready to reconsider claim construction standard of review
November 22, 2006
Post by Blog Staff

Today the Federal Circuit denied rehearing en banc in Amgen, Inc. v. Hoechst Marion Roussel, Inc., a case dealing with synthetic human erythropoietin, a protein that stimulates red blood cell production. In order to rehear a case en banc, a majority of active judges on the court must vote to rehear the case. There are twelve judges on the Federal Circuit, five of whom voted to rehear this case, thus rehearing wa....... Read More


Enablement standard for prior art less stringent than enablement standard for patents
November 21, 2006
Post by Blog Staff

The Federal Circuit, in Impax Laboratories, Inc. v. Aventis Pharmaceuticals Inc., discussed the requirements for a prior art reference to be enabled, and thus anticipate a patent. Aventis is the owner of U.S. Patent No. 5,527,814, covering the use of the compound riluzole to treat ALS, commonly known as Lou Gehrig's disease. Impax wanted to produce a generic version of riluzole,so it filed an abbreviated new dru....... Read More


Showing a strong Spine, the Federal Circuit addresses the Doctrine of Equivalents
November 21, 2006
Post by Blog Staff

In DuPuy Spin, Inc. v. Medtronic Sofamor Danek, Inc., the Federal Circuit concluded that the district court erred in granting summary judgment of non-infringement on Medtronics Vertex? model with regards to U.S. Patent No. 5,207,678 (the '678 patent). Additionally, the Federal Circuit concluded that the district court's judgment of non-infringement for Medtronics bottom-loaded screw device was proper and that the....... 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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