CRISPR: Broad Institute Holds onto its Piece of Pie, and it’s Delicious!
September 13, 2018
Post by Oliver P. Couture, Ph.D.
On Monday, September 10th, the Court of Appeals for the Federal Circuit (CAFC) upheld the decision from the Patent Trial and Appeal Board (PTAB) on the interference between the Broad Institute and the University of California. The PTAB held, and the CAFC upheld, that given the difference between prokaryotic and eukaryotic cells, one skilled in the art would not have had a reasonable expectation of succes.......
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Supreme Court to Decide Whether "Secret Sales" are Prior Art
September 12, 2018
Post by Michael C. Gilchrist - Of Counsel
Michael C. Gilchrist Prior art is any publication or activity that can be cited to find a claimed invention invalid as not new or as a merely obvious combination of existing elements. Until recently, the law had been settled that any sale (within the United States) of a product that included claimed features of an invention is prior art, even if the sale did not publicly disclose those claimed features. I.......
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Bloody Shoes: Christian Louboutin Wins Battle Over Non-Traditional Trademark
August 30, 2018
Post by Nicholas J. Krob
“These expensive, these is red bottoms, these is bloody shoes.” Does this line, from Cardi B’s breakout single “Bodak Yellow,” call to mind a particular fashion brand? If not, the following line from Lil Uzi Vert’s “The Way Life Goes” might help you out: “My Louboutins new, so my bottoms they is redder.” For over 25 years, Christian Louboutin has been a staple in popular culture, famous for its red-bottomed .......
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Shoe Wars: Nike's Use of Utility Patents Against Puma
August 22, 2018
Post by Mark D. Hansing
Mark D. Hansing The athletic shoe industry has seen many legal disputes. Intellectual property fights have included trademarks, copyrights, and design patents; all of which protect some aspect of the appearance of the shoes or the logos on the shoes.  What is interesting about the recently filed Nike Inc. v. Puma North America Inc., Case No.1:18-cv-10876, in the U.S. District Court for the District o.......
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Design Patents and Indefiniteness
August 20, 2018
Post by Luke T. Mohrhauser
Luke T. Mohrhauser             In a recent decision, the Federal Circuit addressed indefiniteness and enablement issues under 35 U.S.C. § 112 as they apply to design patent applications. In In re: Ron Maatita, the court held that two-dimensional drawings in design patents can meet the definiteness and enablement requirements under § 112, and that the .......
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Protecting Your Nanotechnology Inventions - Part 2: Defining Your Invention
August 19, 2018
Post by Jonathan L. Kennedy
Have you invented materials with improved properties, such that you can seek to protect materials having those properties? Have you invented materials with a new structure such that you can seek protection of that structure beyond your specific species of materials? Have you invented a method that can be applied to items broader than your specific application? The answers to these questions can inform yo.......
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Federal Circuit Judge Calls for a Fix to the “Abstract Idea” Mess: Part 4
August 16, 2018
Post by Kirk M. Hartung
Below you'll find the last and final post of this blog series concerning the "abstract idea". To read the previous posts, please view Part 1 of the series, Part 2 of the series, and Part 3 of the series. Prior blog posts illustrate concern from judges of the Court of Appeals for the Federal Circuit regarding the abstract idea judicial exception to § 101 patentable subject matter. In yet another deci.......
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Bills in Congress would Revoke the PTAB and Restore Patentability of Several Products
August 16, 2018
Post by Patricia A. Sweeney - Of Counsel
Several bills have been introduced in Congress in the last two months that would have a big impact on patent law if passed. The first, introduced at the end of June is HR6264, referred to as The Restoring American Leadership in Innovation Act. Among the provisions of this bill would be elimination of the Patent Trial and Appeal Board (PTAB), the entity created by the March 2013 America Invents Act (AIA)........
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An IPR Appellant Must Establish an Injury to Have Standing
August 10, 2018
Post by Blog Staff
In JTEKT Corp. v. GKN Auto. Ltd., Appeal No. 2017-1828 (Fed. Cir. Aug. 3, 2018), the United States Court of Appeals for the Federal Circuit (CAFC) dismissed an inter partes review (IPR) appeal due to lack of standing. The requirement for an appellant to establish an injury in fact remains firm. JTEKT petitioned for an IPR on a patent owned by GKN. The Patent Trial and Appeal Board (PTAB) instituted the revie.......
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Federal Circuit Judge Calls for a Fix to the “Abstract Idea” Mess: Part 3
August 08, 2018
Post by Kirk M. Hartung
This abstract idea case continues to stir up important matters that we all need to keep a close eye on. Below you'll find part 3 of this blog series concerning the "abstract idea". To read the previous posts, please first view Part 1 of the series, and then view Part 2 of the series. The previous posts regarding the dissent by Judge Plager of the Court of Appeals for the Federal Circuit (CAFC) on June 20.......
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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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