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Markman for §101 Eligibility
April 18, 2019
Post by Kirk M. Hartung
Patent attorneys know the importance of Markman as applied to interpret patent claims. Claim interpretation is critical to infringement and validity analysis, and often is decisive in patent litigation. It is axiomatic that claim terms be construed using the common, ordinary meaning of the words, as understood by a person having ordinary skill in the art, at the time of the invention, and in view of the .......
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Linn-Mar Student Wins 2019 MVS Agriculture Award at Invent Iowa Competition
April 17, 2019
Post by Gregory "Lars" Gunnerson
On April 15, 2019, I had the pleasure of attending the Invent Iowa 2019 Competition. Invent Iowa is hosted annually by the Belin-Blank Center of the University of Iowa’s College of Education. Invent Iowa is a competition which allows students K-8 to pitch a three-minute presentation about their inventions to volunteer judges and other students, followed by a two-minute question and answer session. T.......
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Judicial and Executive Branches split over Subject Matter, New Legislation may be Coming
April 10, 2019
Post by Oliver P. Couture, Ph.D.
Earlier this month the U.S. Court of Appeals for the Federal Circuit (CAFC) heard another appeal in the Cleveland Clinic v. True Health cases. In their appeal, one of Cleveland Clinic’s arguments that their claims were valid was because Skidmore deference should apply to the Examiner’s decision to allow the application to issue in light of the Julitis example (Example 29) of the subject matter guidelines.......
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Change is Coming to Alice: Examiners with the Highest Percentage of Alice Rejections, 2014-2017
April 03, 2019
Post by Blog Staff
Last week, , Managing Member and Chair of the Biotechnology & Chemical practice group, announced our new software partnership with Juristat as an added service to our clients. Below is an article that Juristat posted regarding Alice rejections that we felt was very important to share. This insight and knowledge from Juristat coupled with our expertise is an example of the competitive advantage we can p.......
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MVS Obtains Juristat Software
March 29, 2019
Post by Heidi S. Nebel
Ever wonder if you have been “blessed” with a difficult Examiner? Wondered if your issue in a case has been successfully resolved in another case? Wondered if your competitors are having the same issues before the United States Patent & Trademark Office (USPTO) as you? Wondered how many cases your competitor has filed? Wondered if statistically your chances of appeal on a certain issue or .......
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CAFC's Clarification for Using Claim Preambles as Limitation(s)
March 28, 2019
Post by Xiaohong Liu, Ph.D.
According to the United State Court of Appeals for the Federal Circuit (CAFC) precedential opinion decided on March 26, 2019, ARCTIC CAT INC. v. GEP POWER PRODUCTS, INC., the claim preamble terms, such as “A power distribution module for a personal recreational vehicle comprising” or “A personal recreational vehicle comprising”, are not limiting.  Two patents by Arctic Cat Inc. were found to be inva.......
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Judicial Exceptions to IP Statutes: Are They Dead?
March 22, 2019
Post by Kirk M. Hartung
On January 8, 2019, the U.S. Supreme Court decided a case involving the Federal Arbitration Act that could have a significant impact on patent law. The Arbitration Act, signed into law in 1925, allows parties to agree to submit disputes to arbitration, rather than litigating in court. Although, sometimes parties disagree as to whether an arbitration clause applies to a particular dispute. So who dec.......
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Can I Use This Song In My Podcast? It Depends.
March 20, 2019
Post by Brandon W. Clark
According to Podcast Insights, there are currently over 660,000 podcasts in existence and over 28 million episodes available to listen to. This number is certainly growing as are the legal concerns and issues associated with hosting or producing a podcast. This article will provide some general guidelines and outline some of the rules around using copyrighted material in a podcast. MVS attorneys are incr.......
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Precedential Opinion Panel Decides Issue Joinder in IPR is Permissible
March 14, 2019
Post by Patricia A. Sweeney - Of Counsel
A panel of the Patent Trial and Appeal Board (PTAB) issued a precedential decision March 13, 2019 stating that a party that challenges a patent in an inter-partes review (IPR) proceeding can join their own petition challenging another’s patent, in order to add new issues, but only in limited circumstances. Here, Proppant Express Investments LLC started an IPR proceeding to challenge a patent of Oren Te.......
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How Many Patents Are Enough for a Product?
March 12, 2019
Post by Xiaohong Liu, Ph.D.
The answer to the question of course, depends on the commercial value of the product. However, it is also obvious that the commercial value of a product is closely correlated to the number of patents for its protection. The relationship between commercial value and number of patents is best illustrated by the relevant facts for the most expensive pharmaceutical products. It is well known that drugs are e.......
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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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