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Category: International


The European Patent Office Board holds a rule can no longer be used to Reject Plant and Animal Breeding Inventions
December 06, 2018
Post by Patricia A. Sweeney - Of Counsel
The European Technical board of Appeal during an oral hearing December 5th decided a rule that had been used to reject plant and animal breeding claims is in conflict with a European Patent Convention (EPC) Article, with the result of reversing the impact of the rule in preventing patenting of such claims. With this decision, it is now possible to patent a product of the biological process of breedi.......
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Autel Robotics Co. Escalates Dispute with Largest Manufacturer of Hobbyist and Commercial Drones, SZ DJI Technology Co. (of China)
November 14, 2018
Post by Gregory "Lars" Gunnerson
SZ DJI Technology Co. could lose access to the U.S. market in a patent-infringement lawsuit with Autel Robotics Co. where Autel asserts SZ DJI infringes U.S. Patent Nos.7,979,174 and 9,260,184, which cover rotor attachment and speed changes, and SZ DJI asserts Autel infringes at least U.S. Patent Nos.9,016,617; 9,284,049; 9,321,530; D691,514;9,284,040 and 9,592,744, which cover things like dr.......
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Avoiding Pitfalls in European filings Subsequent to Filing a United States Patent Application
February 04, 2016
Post by Blog Staff
Paul S. Mazzola When filing a European patent application subsequent to a United States patent application, via Patent Cooperation Treaty (PCT) or otherwise, it is essential to draft the claims (and preferably the written description) with an eye to, and a working knowledge of, the intricacies of European Patent Laws. Merely appending foreign filing documents to a copy of the United S.......
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Australian High Court Rules Isolated Genes Unpatentable
October 08, 2015
Post by Blog Staff
. Whether or not genes are patent-eligible subject matter has been a much-discussed issue over the last several years. The 2013 decision by the U.S. Supreme Court in Ass'n for Molecular Pathology v. Myriad Genetics, Inc. established that that isolated DNA is a product of nature and therefore not patent eligible under Section 101 of Title 35 of the U.S. Code. The patent at issue in the U.S. My.......
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Senate Bill Aimed at Combating Cyber Espionage
May 30, 2014
Post by Blog Staff
Senator Carl Levin (D-MI) has introduced a bill called the "Deter Cyber Theft Act" to the Senate floor that would require the Director of National Intelligence to report annually to congressional committees concerning foreign countries that engage in economic and industrial cyber espionage relating to intellectual property and proprietary information owned by U.S. companies. Under the proposed regime, .......
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Bring on the New Year - What is in Store for IP in 2014?
December 31, 2013
Post by Blog Staff
Happy New Year to all of our FilewrapperÒ followers! We hope 2013 was a productive year and wish you the best in 2014. As the New Year quickly approaches we would like to share with you a few predictions for 2014 for you to look forward to and for which to prepare! · Increased opportunities for quasi-litigation under AIA. Various new mechanisms are available to challenge patents under the Am.......
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Unitary Patent - The New European Patent Regime
December 12, 2013
Post by Blog Staff
Starting in 2014, the European Union will provide another option for obtaining patent protection throughout the European Union and a more streamlined approach to enforcing or invalidating patents throughout the EU. In 2012 the European Parliament and European Council approved the “EU unitary patent package,” which establishes the European Unitary Patent and the Unified European Patent Court. The Unit.......
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USPTO Proposes Rule Changes for International Design Applications
December 02, 2013
Post by Blog Staff
The U.S. Patent and Trademark Office is seeking comments on it proposed rules for implementing the provisions of Title I of the Patent Law Treaties Implementation Act of 2012. The law is the implementing legislation for the 1999 Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (“the Hague Agreement”). The rules proposed rule changes under the law will.......
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New and Useful - January 31, 2013
January 29, 2013
Post by Blog Staff
· In Soverain Software LLC v. Newegg Inc. the Federal Circuit vacated in part and reversed in part an Eastern District of Texas decision finding Newegg Inc. liable for infringement of U.S. Patent Nos. 5,715,314, 5,909,492, and 7,272,639, all relating to electronic commerce. The Federal Circuit offered clarifying insight on the obviousness doctrine. The background facts are as follows: Soverain Soft.......
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Digital Britain: The UK Government's vision for a 21st century digital economy
July 07, 2009
Post by Blog Staff
Last month, the UK Department for Culture, Media, and Sport released Digital Britain, a report regarding the future of communications infrastructure in the UK, how to deal with challenges of a digital economy (such as copyright infringement), and containing policy recommendations regarding how to move forward. Click below for our thoughts on the report and associated documents.The Digital Britain report is the U.......
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Supreme Court of Canada tightens obviousness standard
March 23, 2009
Post by Blog Staff
The Supreme Court of Canada recently made significant changes to its obviousness standard for patentability. The case addressed a dispute arising between the brand-name pharmaceutical manufacturer, Sanofi, and the Canadian generic manufacturer, Apotex. The decision by the Supreme Court of Canada brings its obviousness standard closer to the standard recently set forth by the U.S. Supreme Court in KSR v. Teleflex.......
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Ninth Circuit: First sale doctrine doesn't apply to goods purchased abroad and imported to US
September 10, 2008
Post by Blog Staff
In a decision last week, the Ninth Circuit reversed a district court's grant of summary judgment to a copyright defendant on the basis of the "first sale" doctrine, codified at 17 U.S.C. § 109(a). The defendant obtained the products bearing the copyright from a third party who legally purchased them outside the United States. The court held that the first sale doctrine did not insulate this a.......
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Fifth Circuit passes on eBay's applicability in trademark cases
May 29, 2008
Post by Blog Staff
In a decision last week, the Fifth Circuit affirmed a district court's conclusion it had subject matter jurisdiction over a trademark case, as well as its grant of a preliminary injunction. While the activities giving rise to the claim of trademark infringement took place in Mexico, they had a "substantial effect" on United States commerce, and thus were within the court's subject matter jurisd.......
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Elements of infringement claim not jurisdictional; "sale" occurs at location of buyer and seller
April 29, 2008
Post by Blog Staff
In a decision yesterday, the Federal Circuit affirmed a district court's denial of the defendant's motion to dismiss for lack of subject matter jurisdiction. The court also denied the defendant's post-verdict motion for judgment as a matter of law. The defendant contended that because it shipped its allegedly infringing products f.o.b. from its place of business in Canada, it did not sell or import.......
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271(e) safe harbor applies to both product and method claims in ITC proceedings
March 19, 2008
Post by Blog Staff
In a ruling today, the Federal Circuit affirmed in part a decision by the International Trade Commission (ITC) concerning the application of 19 U.S.C. § 1337 and 35 U.S.C. § 271(e)(1) to imported products and products imported produced via a patented process. The main issue before the court was whether the safe harbor against infringement provided by § 271(e) applies in proceedings under §.......
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Second Circuit: Famous marks doctrine doesn't support NY unfair competition claim
March 05, 2008
Post by Blog Staff
In a recent decision, the Second Circuit decided the one outstanding issue from a case it had previously decided in March 2007 (previously blogged here), namely whether the "famous marks" doctrine the court held Congress has not yet incorporated into federal trademark law might support a New York common law claim for unfair competition. The Second Circuit certified two questions to the New York Court o.......
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Fifth Circuit affirms injunction against trademark infringement in Saudi Arabia
February 29, 2008
Post by Blog Staff
In a recent decision, the Fifth Circuit affirmed a district court's finding of infringement and disgorgement of profits, but increased the amount of profits awarded because the defendant failed to provide evidence of its costs to reduce the award. Interestingly, the infringement took place entirely outside the United States, namely in Saudi Arabia. Even though the products were not sold in the United States.......
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Post-verdict infringement royalty must take into account changed bargaining position of parties
February 28, 2008
Post by Blog Staff
In a decision Tuesday, the Federal Circuit addressed the issuance, stay, and subsequent dissolution of a permanent injunction. Further, the court addressed how damages should be allocated from infringement during a stay. The district court took the jury's reasonable royalty for pre-verdict infringement and trebled it to determine the applicable post-verdict royalty. The Federal Circuit vacated this decisio.......
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Seizure of goods with counterfeit marks not an "embargo," so no CIT jurisdiction to challenge fine
February 21, 2008
Post by Blog Staff
In a decision this week, the Federal Circuit vacated the decision of the Court of International Trade (CIT) and remanded with instructions to dismiss the plaintiff's complaint for lack of subject matter jurisdiction.The case arose out of a civil fine levied against the plaintiff for importation of counterfeit goods. The plaintiff brought suit in the CIT to contest the fine. The CIT found that it had subjec.......
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EU highest court rules ISPs not required to identify P2P users allegedly infringing copyrights
January 29, 2008
Post by Blog Staff
In a decision released today, the highest court in the EU, the European Court of Justice, ruled that under EU law, internet service providers (ISPs) are not required, in the course of a civil lawsuit, to disclose the identity of an individual subscriber associated with a particular IP address. The case arose out of an attempt by PROMUSICAE, a trade group representing the music industry in Spain and the rough equ.......
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Fourth Circuit: Subpoena to foreign corporation valid even though no U.S. business contacts
December 31, 2007
Post by Blog Staff
The Fourth Circuit last week addressed a district court's ability to issue subpoenas to foreign witnesses in USPTO administrative proceedings. The court held that a district court may issue a Rule 30(b)(6) subpoena to a foreign corporation who is party to an opposition, even if the party has no officers, directors or managing agents who reside within the jurisdiction. The decision generated a lengthy dissent.......
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Term defined in specification limited even though partially characterized as exemplary
December 28, 2007
Post by Blog Staff
In a recent decision, the Federal Circuit vacated and remanded a limited exclusion order by the International Trade Commission. The ITC entered an exclusion order that prevented importation of products produced by a method that infringed two patents.The Federal Circuit vacated the finding of infringement, holding that under the correct claim construction, there was no literal infringement. The court held that .......
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Dramatic change in UK trademark policy; Australia eliminates obligation to disclose search reports
October 23, 2007
Post by Blog Staff
There have been two interesting changes in foreign IP practice over the past month. Effective October 1, 2007, the UK Trade Marks Office changed its policy such that it will no longer raise objections to applications based on prior existing applications/registrations. Instead, it will be the policy to write to owners of earlier potentially conflicting marks advising them of the application so that the owners can.......
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More examination outsourcing by the USPTO?
September 17, 2007
Post by Blog Staff
According to a news release published today, the USPTO is exploring the feasability of having the Swedish Patent and Registration Office (PRV) perform the search and examination of international applications filed under the PCT in the U.S. receiving office. In the release, the USPTO notes that it receives about 50,000 international applications and about 400,000 national applications per year. The pilot progr.......
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Tenth Circuit: First Amendment analysis required when public domain works "restored" to copyright
September 05, 2007
Post by Blog Staff
In an important copyright decision posted today (but apparently filed yesterday), the Tenth Circuit addressed the First Amendment implications of the "restoration" of public domain works to copyright protection as a result of the Uruguay Round Agreement Act (URAA). The URAA implemented Article 18 of the Berne Convention, which brought works back under copyright that were in the public domain in the Uni.......
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Patent Prosecution Highway pilot program opens between USPTO and UK Intellectual Property Office
September 04, 2007
Post by Blog Staff
In a press release today, the USPTO announced an extension of its pilot Patent Prosecution Highway program to include the UK Intellectual Property Office. Under the program, an applicant who receives notice from either the USPTO or the UK IPO that at least one claim is allowable in its application may request expedited consideration of corresponding claims with the Office that has not yet determined the patentab.......
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UK rejects proposal for 20 year copyright extension for sound recordings
July 26, 2007
Post by Blog Staff
Yesterday the UK Department for Culture, Media & Sport issued a report rejecting a suggestion to push for an extension of copyright term in the EU for sound recordings of 20 additional years, from 50 to 70 years. Citing the Gowers Review of the UK's intellectual property framework, the report notes:[The Gowers Review] concluded that an extension would not benefit the majority of performers, most of wh.......
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Australia's High Court weighs in on obviousness
May 25, 2007
Post by Blog Staff
There is a good post over at the Patent Prospector about a decision by the High Court of Australia (the equivalent to the U.S. Supreme Court) regarding the issue of obviousness in patent law. One notable passage:as a basic premise, obviousness and inventiveness are antitheses and the question is always "is the step taken over the prior art an 'obvious step' or 'an inventive step'"?.......
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Initial thoughts on Microsoft v. AT&T, a.k.a. Deepsouth: the sequel
April 30, 2007
Post by Blog Staff
In what could be termed a sequel to the Supreme Court's 1972 decision in Deepsouth Packing Co. v. Laitram Corp., the Court again found that if U.S. patent law is to extend its reach further into foreign acts, it must be Congress, not the courts, that extends it. The Court held that Microsoft's act of sending a "master" disk encoding Windows® abroad for installation on computers that would b.......
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Today's opinions in KSR v. Teleflex and Microsoft v. AT&T
April 30, 2007
Post by Blog Staff
Click here for the opinion in KSR v. Teleflex.Click here for the opinion in Microsoft v. AT&T.More to come once we've had a chance to review the decisions. ....
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Supreme Court reverses both KSR and Microsoft
April 30, 2007
Post by Blog Staff
As reported at SCOTUS Blog, the Supreme Court has today ruled in two cases, reversing decisions of the Federal Circuit.The first came in KSR v. Teleflex, where the Court has apparently ruled 9-0 that the Federal Circuit's view on obviousness is too narrow, reversing the decision that Teleflex's invention was nonobvious. Previous coverage of this case can be found here (preview), here (oral argument), a.......
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Compulsory patent licenses for AIDS drugs: the beginning of an international trend?
April 26, 2007
Post by Blog Staff
The global concern over the spread of AIDS, particularly in developing countries, is prompting some countries to take action to make patented drugs more accessible to its citizens. Earlier this year, Thailand decided to "break," or require a compulsory license to, the patent for Efavirenz, marketed as Sustiva® and Stocrin®, patented by Merck (Orange Book entry). Thailand has also now enacted .......
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Patent Examiner groups air their grievances
April 18, 2007
Post by Blog Staff
In an open letter to the heads of the United States, European, Canadian, German, and Austrian patent offices, an international coalition of patent examiner groups seeks changes in the demands on patent examiners, stating that the increase in productivity demands and the number of applications to be examined, combined with the increased complexity of applications is leading to a decline in patent quality. The gr.......
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USPTO changes address for Madrid Protocol applications and related papers
April 16, 2007
Post by Blog Staff
In a Federal Register notice today, the USPTO announced that it has changed its address for international trademark applications under the Madrid Protocol and related correspondence. The full list of affected papers includes:International applications under § 7.11, subsequent designations under § 7.21, responses to notices of irregularity under § 7.14, requests to record changes in the Internatio.......
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Splenda leaves a bitter taste in competitors' mouths
April 10, 2007
Post by Blog Staff
The business may be all about sweetness, but the competition can be bitter. That's the story right now in the artificial sweetener business, with much of the action centered around sucralose, the sweetener in Splenda®. The sweetener is the subject of several currently pending cases.In the first, rival sweetener maker Merisant, maker of Equal® and Nutrasweet®, have sued the producer of Splenda&re.......
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India's Union Cabinet approves accession to Madrid Protocol
February 08, 2007
Post by Blog Staff
Today, India's Union Cabinet approved India's accession to the Madrid Protocol, the international treaty relating to registration of trademarks. The next step will be introduction of Bill in India's Parliament to finalize the accession and to amend India's trademark laws to include the requirements of the Madrid Protocol. The Madrid Protocol permits trademark applicants to fine a single application.......
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Starbucks loses Korean appeal, Starpreya can continue to use name there
January 12, 2007
Post by Blog Staff
The Korean Supreme Court today denied an appeal by Starbucks to cancel a rival's trademark there. Specifically, the Court noted that Starbucks was not well-known in Korea when the rival coffee provider (who uses a similar logo) registered its trademark. MVS previously blogged about the appeal here. This case, along with the ongoing saga between Budweiser and Budvar, show the difficulties that can arise when.......
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Anheuser-Busch and Budvar reach agreement, but trademark fights continue
January 09, 2007
Post by Blog Staff
United States brewer Anheuser-Busch, maker of Budweiser beer, has reached an agreement with Czech brewer Budejovicky Budvar, to distribute Budvar's Czechvar lager. This agreement is interesting because the two companies have been involved in trademark disputes around the world over which company has the right to use the name "Budweiser." Budvar's beer is sold as Budweiser Budvar in several coun.......
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Starbucks appeals denial of cancellation of Korean company's trademark
December 21, 2006
Post by Blog Staff
Starbucks is appealing a decision denying cancellation of a Korean company's trademark, asserting it infringes Starbucks' trademark. The Korean company, Starpreya, uses a green circular logo that Starbucks asserts is confusingly similar to its logo. Below are the two logos: Starbucks has already unsuccessfully opposed Starpreya's mark in two cases before the Patent Court of Korea. The appeal w.......
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UK considering peer review for patent system
December 15, 2006
Post by Blog Staff
After a review of Great Britain's intellectual property laws, the UK patent office is considering implementing a peer review procedure as part of its patent examining process. This was one of the recommendations of the Gowers Review of Intellectual Property, published on December 6. The idea is based in part on the Peer to Patent Project, described in a recent article by NYU law professor Beth Noveck in the Harv.......
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Washington Apple Commission takes on Chinese trademark office
November 21, 2006
Post by Blog Staff
The Washington Apple Commission has filed suit against the Chinese Trademark Review and Adjudication Board over its refusal to register a trademark. The mark at issue is shown below:This mark is registered in the United States, but in China, "well-known" geographical names cannot be used as trademarks unless there is also another meaning. The Apple Commission contended that "Washington" was a.......
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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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