The Long-Standing Rosen-Durling Test used to Assess Nonobviousness of Design Patents is OVERRULED

By Gregory Lars Gunnerson

The long-standing Rosen-Durling test used to assess nonobviousness of design patents required a primary reference must be “basically the same” as the challenged design claim, and further that any secondary references must be “so related”. The Federal Circuit had never considered the merits of the Rosen-Durling test. Hearing LKQ Corp. v. GM Glob. Tech. Operations […]

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FTC Issues Rule Banning Non-Competes

By Nicholas J. Krob

Last week, the Federal Trade Commission’s “Non-Compete Clause Rule” was published in the Federal Register. This rule, which was issued last month and is set to come into effect on September 4, 2024, will have significant implications in terms of non-compete clauses and corresponding contracts if adopted. At their most basic level, non-compete clauses are […]

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What’s in a Name? Understanding the Federal Seed Act and USDA Variety Name Clearance Program

By Melissa M. Mitchell

The name of a plant variety is not just a label; it’s a representation of years of research,development, and distinct characteristics. Variety names serve as a crucial communication toolamong farmers, researchers, distributors, and consumers. Whether it’s a new soybean cultivarresistant to common diseases or a high-yield wheat variety, the name is the first point ofreference […]

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Vanessa Lancaster, Ph.D., Joins McKee, Voorhees & Sease, PLC

MVS is excited to announce that Vanessa Lancaster, Ph.D., has joined MVS as Senior Counsel and Patent Attorney in the Biotechnology and Chemical Practice Group. Vanessa is a registered Patent Attorney with over 14 years’ experience prosecuting patents in all areas of the life sciences including medical and agricultural technologies such as transgenic organisms, molecular […]

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Firefly Petunia: A Glow in the Dark Plant

By Brian D. Keppler, Ph.D.

Plants that glow in the dark, once only in the realm of science fiction, are now set to become a reality for all with the introduction of the Firefly Petunia from Light Bio. The science behind these glowing plants, first detailed in a 2020 publication in Nature Biotechnology, utilizes a bioluminescence pathway from Neonothopanus nambi […]

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The Game-Changing Golf Bag Stand: A Catalyst for Business Deal Making

By Jacob S. Blackford

Did you know that the original patent for a golf bag stand was issued to inventor Talbert Dick in 1928? Talbert would go on to be the founder of the firm that today is known as McKee, Voorhees & Sease, PLC.  In the realm of business, where every handshake counts and every meeting holds potential […]

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Copyleft or Copyright: Exploring Copyright Protections of Memes

By Ashley E. Holland

Memes have been ubiquitous with internet culture for decades now. In the context of the internet, memes often take the form of images, videos, phrases, or concepts that are shared and remixed by users. They can be humorous, satirical, or convey a particular message or emotion. Memes often are best at communicating a shared experience […]

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The BIRDIE Act: Copyrights for Golf Courses

By Kirk M. Hartung

The Bolstering Intellectual Rights against Digital Infringement Enhancement (a.k.a. the BIRDIE Act) is a non-partisan bill introduced by Congressmen Brian Fitzpatrick (R-Pa.) and Jimmy Panetta (D-Ca) on February 5, 2024 to provide copyright protection for architectural designs of golf courses. The bill proposes to amend the copyright laws by amending the definition of “architectural works” […]

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Small business owner? Prepare for compliance with new “wise but unconstitutional” Corporate Transparency Act

By Cassie J. Edgar

Attention Small Business Owners: The enactment of the Corporate Transparency Act (CTA) marks a significant shift in the regulatory landscape for businesses across the United States. This pivotal piece of legislation, primarily aimed at combating financial deception such as money laundering and tax evasion, requires a clear disclosure of beneficial ownership information to the Financial […]

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Women in Law – MVS Leads the Way!

By Jill N. Link, Pharm.D.

March 8th is International Women’s Day. This day is meant to both celebrate women’s achievements while raising awareness about challenges faced by women and taking action to drive gender parity. At McKee Voorhees and Sease (MVS) we are always eager to recognize the achievements of women – the inventors and creators we proudly represent, the […]

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