Walking Alone: Liverpool FC Fails to Obtain Namesake Trademark
October 05, 2019
Post by Nicholas J. Krob
English Premier League soccer club Liverpool FC may have scraped by with a victory against Sheffield United last weekend, but that luck does not appear to have extended to the U.K. Intellectual Property Office.  Earlier this year, the club announced that it had submitted an application with the IPO to register LIVERPOOL as a trademark in a variety of classes for soccer (well, “football”)-related goods and s.......
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A Simple Fix to §101 with Arbitration
October 03, 2019
Post by Kirk M. Hartung
This summer’s decision by the Federal Circuit in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, highlights the consensus that something needs to be done regarding the current state of the law of patent eligibility under 35 U.S.C §101. In particular, the judicially created exceptions to patentability under 101 are laws of nature, natural phenomena, and abstract ideas. The last, abstract ide.......
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Playing the Numbers Game on U.S. Patent Office Appeals and Trials
August 29, 2019
Post by Patricia A. Sweeney - Of Counsel
Numbers don’t always tell the story, but they can provide interesting highlights. The United States Patent & Trademark Office (USPTO) tracks various statistics of patent appeals and trials. The mid-year statistics in 2019 provide an interesting look at the direction of the USPTO. Appeal results remain largely the same, with a longer look at trial outcome. In fiscal year 2019, the pendency of time to a .......
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IP Legal Considerations for Live Streaming
August 28, 2019
Post by Brandon W. Clark
If you’re one of the millions of people that log into a social media platform each day, it’s highly likely that you have encountered a rapidly growing number of live streams. Now that live streaming is available to anyone with a smartphone, the potential legal issues and concerns are much more relevant to the average person. This article gives you an overview of the intellectual property considerations p.......
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Meet DABUS: An Artificial Intelligence Machine Hoping to Maintain Two Patent Applications in its own Name
August 22, 2019
Post by Tina G. Yin Sowatzke, Pharm.D.
Tina G Yin-SowatzkeThree patent offices face questions stemming from the growing implications of artificial intelligence (AI) disrupting the intellectual property legal framework. The United States Patent Office (USPTO), European Patent Office (EPO), and United Kingdom Intellectual Property Office (UKIPO) recently received two patent application filings directed to a beverage container and a flashing device used .......
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Claim Construction Must be Resolved Before Making Eligibility Determinations
August 19, 2019
Post by Blog Staff
On August 16, 2019, in MyMail, Ltd. v. ooVoo, LLC, the United States Court of Appeals for the Federal Circuit (CAFC) vacated and remanded a decision made by the U.S. District Court for the Northern District of California because the court failed to resolve a claim construction dispute before making a patent eligibility determination at the judgment on the pleadings stage. MyMail owns two patents it asser.......
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"The" Ohio State Tries to Trademark the Word "THE"
August 15, 2019
Post by Sarah M. Luth
On August 8, 2019 The Ohio State University filed a trademark application with the United States Patent and Trademark Office for the word mark “THE” to be used in connection with clothing, namely “t-shirts, baseball caps and hats.” Unlike Ohio State’s other trademark applications, which cover the phrase “The Ohio State University” as a whole, the August 2019 application covers only the word “THE.” A t.......
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Patent Judges Agree that Patent Eligibility Law Needs Fixing: Part 2
August 14, 2019
Post by Kirk M. Hartung
In the first part of this series posted last week, I discussed the majority and concurring opinions in Athena v. Mayo decided by the Federal Circuit Court on July 3, 2019. In part 2 of the series, I will review the four dissenting opinions for this case. In the first dissent, Judge Moore (joined by Judges O’Malley, Wallach, and Stoll) provided a thorough and detailed discussion of the medical diagnost.......
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NASA’s Technology Transfer Process
August 13, 2019
Post by Gregory "Lars" Gunnerson
From July 28 - July 31, 2019, I had the pleasure of attending the Association of Technology Managers (AUTM) 2019 Central Region Meeting. AUTM is a nonprofit organization dedicated to bringing research to life by supporting and enhancing the global, academic technology transfer profession through education, professional development, partnering and advocacy. AUTM’s attendance has been ever-growing since th.......
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Patent Judges Agree that Patent Eligibility Law Needs Fixing: Part 1
August 08, 2019
Post by Kirk M. Hartung
On July 3, 2019, the U.S. Court of Appeals for the Federal Circuit issued an interesting, though not surprising, opinion discussing patent eligibility for inventions and discoveries. In Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, all 12 judges of the Court considered whether the full court should rehear an appeal of a patent regarding a medical diagnostic invention, with which a 3-judge.......
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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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