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Claim Construction Must be Resolved Before Making Eligibility Determinations
August 19, 2019
Post by Blog Staff
On August 16, 2019, in MyMail, Ltd. v. ooVoo, LLC, the United States Court of Appeals for the Federal Circuit (CAFC) vacated and remanded a decision made by the U.S. District Court for the Northern District of California because the court failed to resolve a claim construction dispute before making a patent eligibility determination at the judgment on the pleadings stage. MyMail owns two patents it asser.......
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"The" Ohio State Tries to Trademark the Word "THE"
August 15, 2019
Post by Sarah M. Dickhut
On August 8, 2019 The Ohio State University filed a trademark application with the United States Patent and Trademark Office for the word mark “THE” to be used in connection with clothing, namely “t-shirts, baseball caps and hats.” Unlike Ohio State’s other trademark applications, which cover the phrase “The Ohio State University” as a whole, the August 2019 application covers only the word “THE.” A t.......
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Patent Judges Agree that Patent Eligibility Law Needs Fixing: Part 2
August 14, 2019
Post by Kirk M. Hartung
In the first part of this series posted last week, I discussed the majority and concurring opinions in Athena v. Mayo decided by the Federal Circuit Court on July 3, 2019. In part 2 of the series, I will review the four dissenting opinions for this case. In the first dissent, Judge Moore (joined by Judges O’Malley, Wallach, and Stoll) provided a thorough and detailed discussion of the medical diagnost.......
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NASA’s Technology Transfer Process
August 13, 2019
Post by Gregory "Lars" Gunnerson
From July 28 - July 31, 2019, I had the pleasure of attending the Association of Technology Managers (AUTM) 2019 Central Region Meeting. AUTM is a nonprofit organization dedicated to bringing research to life by supporting and enhancing the global, academic technology transfer profession through education, professional development, partnering and advocacy. AUTM’s attendance has been ever-growing since th.......
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Patent Judges Agree that Patent Eligibility Law Needs Fixing: Part 1
August 08, 2019
Post by Kirk M. Hartung
On July 3, 2019, the U.S. Court of Appeals for the Federal Circuit issued an interesting, though not surprising, opinion discussing patent eligibility for inventions and discoveries. In Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, all 12 judges of the Court considered whether the full court should rehear an appeal of a patent regarding a medical diagnostic invention, with which a 3-judge.......
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IPR Proceedings to Pre-AIA Patents is not an Unconstitutional Taking
August 07, 2019
Post by Blog Staff
On July 30, 2019, in Celgene Corp. v. Peter, the Federal Circuit (CAFC) held that “retroactive application of IPR proceedings to pre-AIA patents is not an unconstitutional taking under the Fifth Amendment.” A provision of the Fifth Amendment, known as the “takings clause”, provides that private property shall not “be taken for public use, without just compensation.” In Celgene Corp. v. Peter, the CAFC af.......
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3 Reasons to Build your Patent Portfolio
July 31, 2019
Post by Kirk M. Hartung
A strong patent portfolio provides many benefits to the owner. Patents are an asset that have value, and that value can come in different forms. 1. Patents force competitors to design around the patented invention. As your company spends resources, including time and money, in research and development (R & D), the resulting inventions are often patentable. If the invention is commercially viable, and thu.......
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40 Years on, Bayh-Dole is Stronger than Ever
July 29, 2019
Post by Oliver P. Couture, Ph.D.
The Bayh-Dole Act was passed in 1980 and is arguably one of the most successful pieces of bipartisan legislation ever passed. The first line of the Act says, “It is the policy and objective of the Congress to use the patent system to promote the utilization of inventions arising from federally supported research or development….” Since its passage in 1980, the number of granted patents receiving gover.......
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Buying the Cow: Why Branding is Commonly Concealed in TV Shows and Movies
July 26, 2019
Post by Nicholas J. Krob
 Have you ever been watching a TV show and noticed that certain logos on various products were covered with tape or otherwise concealed? Do you know why that is? If you don’t, you’re not alone.  In a controversial video posted last month by guitar giant Gibson, the company issued a warning stating that it was going to “fight to protect its intellectual property.” In doing so, the company specif.......
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2018 Farm Bill: Proposed Regulations for Comment
July 18, 2019
Post by Heidi S. Nebel
The United States Department of Agriculture (USDA) has published proposed regulations for comment to enact the 2018 Farm Bill, Public Law No: 115-334, Sec. 10108. As one may recall, the bill amended the United States Plant Variety Protection (PVP) Act to add asexually propagated plants as a potential PVP certificate option. As a USDA PVP Board Member, I was privy to these proposed regulations and was abl.......
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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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McKee, Voorhees & Sease, P.L.C. provides this blog for general informational purposes only. By using this blog, you agree that the information on this blog does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and McKee, Voorhees & Sease, P.L.C. Do not consider this blog to be a substitute for obtaining legal advice from a qualified, licensed attorney. While we try to revise this blog on a regular basis, it may not reflect the most current legal developments. We consciously refrain from expressing opinions on this blog and instead, offer it as a form of information and education, however if there appears an expression of opinion, realize that those views are indicative of the individual and not of the firm as a whole.

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