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Clearly using “clear” for Non-Transparent Goods is Deceptively Misdescriptive.

By Julie L. Spieker

Dolce Vita Footware, Inc. sought registration of the mark CLEAR for various bags, purses, wallets, and card cases – excluding transparent goods. The Examiner refused registration on the grounds that it is deceptively misdescriptive and on April 29, 2021 the Trademark Trial and Appeal Board (the “TTAB”) affirmed. In its original registration, Dolce Vita identified […]

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MVS Supports World Intellectual Property Day 2021

By Richard Marsolais

McKee, Voorhees & Sease, PLC is proud to support World Intellectual Property Day on April 26, 2021. This day celebrates the role intellectual property rights play in encouraging innovation and creativity and the many inspiring inventors and creators around the world who are working to provide for a better tomorrow. The event was established by […]

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Federal Circuit reiterates the principle that when a § 103 rejection is based on a single prior art reference, the reference must be self-enabling in order to render the claimed invention obvious

By Joseph M. Hallman

On April 16, 2021, in Raytheon Technologies Corp. v. General Electric Co., the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) reversed a decision by the Patent Trial and Appeal Board (“PTAB”) regarding unpatentability due to obviousness under 35 U.S.C. § 103. In its decision, the Federal Circuit made clear that when […]

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Inherent anticipation – Is the phenotype exhibited by a transgenic plant an inherent feature?

By Brian D. Keppler, Ph.D.

A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference. If a prior art reference expressly sets forth each of the elements of a claim, then there is typically little question of whether or not the […]

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Pending Opposition Case with the EPO Raises Caution Over Generalized Assignment Language Within Employment Agreements

By Tina G. Yin Sowatzke, Pharm.D.

The year 2020—and now 2021—has been a busy year for the European Patent Office (EPO) as it works through several oppositions and appeals involving a number of CRISPR patents belonging to The Broad Institute, Inc., Harvard College, and the Massachusetts Institute of Technology (hereinafter “Patentee”). The EPO Boards of Appeal has already revoked a patent […]

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Supreme Court Sides with Google in Major Copyright Case

By Brandon W. Clark

On Monday, the Supreme Court handed Google a win in a long-standing copyright dispute over the software used in the Android mobile operating system. The case dates back to 2005, when Google included roughly 11,500 lines of code from an Application Programming Interface (API), a tool that allows software applications to more easily communicate by […]

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MVS Collaborating with BioConnect Iowa on the Iowa Go-To-Market (G2M) Accelerator Program

By Richard Marsolais

MVS is pleased to announce that we are working with BioConnect Iowa, an organization dedicated to accelerating the growth of Iowa’s bioscience sector, on the Iowa Go-To-Market Accelerator Program. The Iowa Go-To-Market (IowaG2M) Accelerator Program, a partnership between BioConnect Iowa, the Iowa State University Startup Factory, and VentureNet Iowa, seeks to provide follow-on support for […]

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When Business Relationship Information is Not a Trade Secret: Review by the Federal Circuit

By Sarah M.D. Luth

On March 12, 2021 the Federal Circuit provided a precedential opinion affirming a Florida district court’s decision declining to seal information regarding a business relationship between two businesses where the party seeking redaction failed to prove that the information was a trade secret. Plaintiff DePuy and Defendant Veterinary Orthopedic Implants, Inc. (VOI) are competitors in […]

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Celebrating National Agriculture Week

National Agriculture Week, March 21-27, is devoted to educating people about where food, fiber, and fuel come from. Every year, producers, agricultural associations, corporations, universities, government agencies, and others join together to recognize the contributions of agriculture. In celebration of National Ag Week, here are some agricultural and farm facts: According to most recent U.S. […]

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Pegasus Universal Aerospace’s Patents Vertical Business Jet

By Gregory Lars Gunnerson

Pegasus Universal Aerospace (Pegasus UA) has recently acquired a U.S. patent for a newly developed vertical takeoff and landing business jet. The patent, U.S. Patent No. 10,710,713, names Dr. Mohamed Reza Mia as its sole inventor. Dr. Reza Mia also serves as Pegasus UA’s founder and chairman. The Johannesburg-based South Africa company seemingly hopes to […]

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