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2018 Farm Act has important IP Implications
December 14, 2018
Post by Heidi S. Nebel
At long last, the 2018 Farm bill has been approved by Congress and forwarded to the President for signature. As I blogged earlier, the bill has important Intellectual Property Implications. The first is that it adds PVP protection for asexually reproduced plants. The  addition will allow asexually reproduced plants, which are now protectable under the US Plant Patent statute 35 U.S.C. Section 161, (.......
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Rapper Sues the Makers of Fortnite Claiming Copyright Infringement of Dance Moves
December 07, 2018
Post by Brandon W. Clark
Rapper 2 Milly has filed a copyright and right of publicity lawsuit against the makers of the Fortnite video game claiming that they are illegally using a dance move that he created in their wildly popular video game. The Brooklyn-based rapper, whose real name is Terrence Ferguson, alleges that Fortnite-maker Epic Games is misappropriating his dance moves without permission, compensation, or credit........
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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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Palm Restaurant Dispute Leads to Big Monetary Damages
November 27, 2018
Post by Kirk M. Hartung
A lawsuit filed in New York State court in 2012 on behalf of minority shareholders of the famous Palm Restaurant has a recent court decision awarding over $71 million to the plaintiffs against defendants for breach of fiduciary duty. This dispute among family members is premised upon 54 undervalued intellectual property licenses and a reasonable royalty for use of the trademarks and trade dress. The Pa.......
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Coffee by Drone Delivery
November 15, 2018
Post by Kirk M. Hartung
The use of drones in various business applications is becoming common. For example, drones with cameras are used to inspect farm crops, to search natural disaster areas, to provide news coverage,  and to make Hollywood films.  Historical business are being reinvented and new businesses are being developed by the use of these unmanned aerial vehicles. Drones will soon be part of our daily lives........
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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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PTAB Makes Broadest Interpretation on Estoppel in IPRs
November 12, 2018
Post by Oliver P. Couture, Ph.D.
Drafting post grant proceeding petitions needs to be done carefully due to their limited space. Last week, the Patent Trial and Appeal Board (PTAB) further increased the pressure to use the limited number of words effectively when Kingston Technology Company, Inc. v. Spex Technologies, Inc. (Case IPR2018-01002) was entered. Kingston, the petitioner, attempted to file a second IPR based on different groun.......
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Toe Caps, Stripes, and Bumpers: Federal Circuit Revives Converse Sneaker Dispute
November 07, 2018
Post by Nicholas J. Krob
While Christian Louboutin has shown that trademark rights may extend to colors used on a shoe, can the design of a shoe itself also be protected? As the Federal Circuit made clear last week, the answer is yes. For years, sneaker giant Converse, Inc. has sought to protect its brand by claiming trademark rights in its famous Chuck Taylor sneaker. To this end, Converse filed a federal trademark application .......
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It's Better to Show that Claims Belong to an Unpredictable Art
October 28, 2018
Post by Xiaohong Liu, Ph.D.
A non-precedential opinion does not establish a new law, but usually offers good patent application drafting and prosecution tips. BASF CORPORATION v. ENTHONE, INC., came out from the Court of Appeal of the Federal Circuit (CAFC) last Friday, and reminded me of a good tip: include evidence in the record to show that the claims relate to an unpredictable art. In this case, BASF challenged the Patent Trial.......
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Protecting Your Nanotechnology Inventions - Part 3: Enabling Your Invention
October 17, 2018
Post by Jonathan L. Kennedy
In granting patent rights, i.e., the right to exclude others from making, using, selling, and importing, the government requires that the inventors educate the public as to their invention by adequately describing it and enabling it. Enablement is a question of whether the application contains sufficient information so as to enable one skilled in the art to make and use the claimed invention. Lack of ena.......
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Purpose

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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