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PTAB to Consider When Conference Materials are Prior Art
June 11, 2018
Post by Blog Staff
In a consolidated appeal from two related Patent Trial and Appeals Board (“PTAB”) decisions, the Court of Appeals for the Federal Circuit (“CAFC”) affirmed-in-part and vacated-in-part the PTAB’s findings. The CAFC affirmed the PTAB’s conclusion that challenged claims would not have been obvious over two specific references. However, the CAFC vacated the PTAB’s determination that certain other references .......
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Patent Eligibility of Bioinformatics Innovations
June 09, 2018
Post by Sarah M. Dickhut
Bioinformatics has increasingly become of interest in the last decade. Bioinformatics generally refers to the use of computational methods used to compile, analyze, visualize effects, and predict trends or outcomes for oftentimes large data sets. Bioinformatics tools can be applied to gene regulation, immunology, drug repositioning, drug identification, and virtually any other application where a large d.......
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Federal Circuit Clarifies Means-Plus-Function Limitations
June 06, 2018
Post by Blog Staff
On June 1st, in Zeroclick, LLC v. Apple Inc, the United States Court of Appeals for the Federal Circuit (CAFC) vacated and remanded a district court decision that several patent claims asserted against Apple Inc. were invalid. The district court held that the claims contained means-plus-function limitations and that the specifications did not disclose sufficient structure. The patent claims in question c.......
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Fraudulent Invention Development Company Banned
June 06, 2018
Post by Kirk M. Hartung
Last month, the Federal Trade Commission announced the settlement of a lawsuit against an invention development company which permanently enjoins the company from further business due to fraudulent and deceitful conduct with inventors. Scott Cooper and his companies, World Patent Marketing and Desa Industries, Inc., used bogus success stories to get clients to pay thousands of dollars for patenting and m.......
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Federal Circuit Judges Encourage Congress to Act on Patent Eligibility
June 05, 2018
Post by Kirk M. Hartung
Patent eligibility under 35 U.S.C 101 has been a hot topic in the past few years and in view of several U.S. Supreme Court decisions, including the 2014 caseAlice Corp. Pty. Ltd. V. CLS Bank Int’l, 134 S. Ct. 2347.  In Alice, the Supreme Court concluded that abstract ideas are not patentable, absent something more, beyond well-understood, routine, conventional activities known to the industry. How.......
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No Sympathy for Samsung
June 04, 2018
Post by Gregory "Lars" Gunnerson
In May, an eight-member California federal jury awarded Apple a staggering $500+ million verdict as a result of a patent litigation lawsuit that has been ongoing for at least 7 years. The verdict has proved to be particularly puzzling for patent law professors and other patent advocates that disagree over whether an article of manufacture in relation to a patented design can cover a product enc.......
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In Re: Durance
June 04, 2018
Post by Blog Staff
In In Re: Durance, the United States Court of Appeals for the Federal Circuit (“CAFC”) vacated the Patent Trial and Appeal Board’s (“PTAB”) ruling affirming an examiner’s obviousness rejection of a patent application related to a microwave vacuum-drying apparatus and method. The CAFC remanded for consideration of the applicants’ reply-brief arguments because they were properly made in response to the exa.......
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USPTO Director Andrei Lancu Takes a Look at Early Prosecution
May 24, 2018
Post by Oliver P. Couture, Ph.D.
This week, the USPTO Director, Andrei Iancu, testified before the House Judiciary Committee. In his written statement Director Iancu wrote on topics related to early prosecution that would result in lower costs to clients and would speed up the process of obtaining a patent. A new pilot program that will allow for a pre-search Examiner interview is being planned. The goal of the interview is to allow claim i.......
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State Agency-Sponsored Pizza? TTAB Rules on New Jersey Turnpike Authority's Trademark Opposition
May 18, 2018
Post by Nicholas J. Krob
Do you often find yourself asking which highway management state agency has the best pizza? Or do you ever show up to a pizza chain, disappointed it isn’t a highway management state agency? If not, a recent decision by the USPTO Trademark Trial and Appeal Board will likely make some sense to you. In 2014, the New Jersey Turnpike Authority—the state agency responsible for maintaining the New Jersey Turn.......
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The Federal Circuit Limits Where Corporations "Reside"
May 18, 2018
Post by Blog Staff
On May 15, 2018, the United States Court of Appeals for the Federal Circuit decided In Re: BigCommerce, holding that for the purposes of the patent-specific venue statute, 28 U.S.C. § 1400(b), a domestic corporation incorporated in a state with multiple judicial districts resides only in the particular judicial district within that state where it maintains a principle place of business, or failing that, .......
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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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