State Sovereign Immunity Does Not Apply to IPR Proceedings
June 25, 2019
Post by Blog Staff
On June 14, 2019 in Regents of the University of Minnesota v. LSI Corp., the Federal Circuit (CAFC) held that state sovereign immunity does not apply in inter partes review (IPR) proceedings. On appeal, the CAFC affirmed a decision by the Patent Trial and Appeal Board (PTAB) that declined to dismiss petitions for IPR proceedings that were alleged to be improper based on the idea that state sovereign immu.......
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10 Data Privacy and Security Practices Your Business Should Adopt
June 24, 2019
Post by Sarah M. Dickhut
Data privacy and cybersecurity practices are becoming increasingly important in view of new legislation, such as the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA) as well as the increasing sophistication of hackers and bad actors. Between 2000 and 2017, cybercrime and breaches of privacy impacted more than 4 million individuals. Cybercrime and breaches of privacy al.......
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Comparing United States and European Patent Law for Software
June 18, 2019
Post by Gregory "Lars" Gunnerson
Software Eligibility in Europe Programs for computers are partially, albeit explicitly, excluded from patentability under Article 52(2) of the European Patent Convention (EPC). Article 52(3) EPC elaborates, “The provisions of paragraph 2 shall exclude patentability of the subject-matter or activities referred to in that provision only to the extent to which a European patent application or European pate.......
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Petitioning the Director: Why? When?
June 11, 2019
Post by Gregory "Lars" Gunnerson
Typically, patent attorneys are privileged to work side by side with examiners who embrace the collaborative relationship that exists between patent applicants and the United States Patent and Trademark Office (USPTO). It is typical for examiners and patent attorneys to initially disagree on legal and/or technical issues which relate to the claims of a patent application. Thereafter, they will negotiate .......
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Is Congress Finally Doing their Constitutional Duty?
June 10, 2019
Post by Oliver P. Couture, Ph.D.
On June 4, 5, and 11, 2019 the Senate Intellectual Property Sub-Committee held hearings regarding the new proposed changes to patent statutes, including to Sections 100, 101, and 112. The Sub-Committee will be hearing from a total of 45 witness on both sides of the debate. Most of the attention during the June 4th and 5th hearings were focused on the reform to Section 101, as will likely the June 11th me.......
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Federal Circuit Sets Limits on Precise Values Included in Claims
June 04, 2019
Post by Luke T. Mohrhauser
Luke T. Mohrhauser The Federal Circuit recently reversed a decision of the United States District Court for the Easter District, overturning an award of damages and decision of infringement in a case between rival boat makers, Brunswick Corp. and Cobalt Boats. In doing so, the Court decided that the claims included precise values without any qualifying terms, and thus, the language should be construed and.......
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Possible Action on Reversing Recent Denial of Software, Business, and Medical Inventions as “Ineligible” for U.S. Patents
June 03, 2019
Post by Mark D. Hansing
Mark D. Hansing A progression of court decisions over the last decade, including from the United States Supreme Court, virtually eliminated patents on most software, business methods, medical testing and diagnosis innovations. For example, with respect to software-related innovations, if they (1) did not improve the functioning of computers (e.g. make them run faster) or (2) improve some other technology .......
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First Draft from Congress on Section 101 Reform
May 23, 2019
Post by Kirk M. Hartung
 On Wednesday May 22, 2019, the Senate and House Subcommittees on Intellectual Property released for comment their initial draft of legislative reform for Section 101 of the patent statutes. The biggest focus of this proposed legislation is an abolishment of the Supreme Court’s judicially created exceptions to patent eligibility, namely, abstract ideas, laws of nature, and natural phenomena. The pro.......
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Expanded Trademark Rights for Some Hemp-Related Products and Services
May 15, 2019
Post by Christine Lebron-Dykeman
Following up on the May 10, 2019, MVS Filewrapper post “Big Changes Ahead for Plant Variety Protection (PVP)”, the United States Patent & Trademark Office (USPTO) has also recently issued some guidance on how the 2018 Farm Bill affect trademark applications for cannabis and CBD products. Per the guidelines issued May 2, 2019, the USPTO will now approve some cannabis/CBD applications, but with a .......
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The USPTO Changes Patent Eligibility Guidelines
May 14, 2019
Post by Patricia A. Sweeney - Of Counsel
The United States Patent Office has released updates to subject matter eligibility guidelines under 35 USC §101. Along with these updates, the Office has provided slides and a webinar reviewing the changes, using the same materials provided in training of patent examiners. There are two parts to the analysis, Step 1, and Step 2A and 2B and it is Step 2 that has been changed. Step 1 remains the same, asking w.......
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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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