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USPTO Director Andrei Lancu Takes a Look at Early Prosecution
May 24, 2018
Post by Oliver P. Couture, Ph.D.
This week, the USPTO Director, Andrei Iancu, testified before the House Judiciary Committee. In his written statement Director Iancu wrote on topics related to early prosecution that would result in lower costs to clients and would speed up the process of obtaining a patent. A new pilot program that will allow for a pre-search Examiner interview is being planned. The goal of the interview is to allow claim i.......
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State Agency-Sponsored Pizza? TTAB Rules on New Jersey Turnpike Authority's Trademark Opposition
May 18, 2018
Post by Nicholas J. Krob
Do you often find yourself asking which highway management state agency has the best pizza? Or do you ever show up to a pizza chain, disappointed it isn’t a highway management state agency? If not, a recent decision by the USPTO Trademark Trial and Appeal Board will likely make some sense to you. In 2014, the New Jersey Turnpike Authority—the state agency responsible for maintaining the New Jersey Turn.......
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The Federal Circuit Limits Where Corporations "Reside"
May 18, 2018
Post by Blog Staff
On May 15, 2018, the United States Court of Appeals for the Federal Circuit decided In Re: BigCommerce, holding that for the purposes of the patent-specific venue statute, 28 U.S.C. § 1400(b), a domestic corporation incorporated in a state with multiple judicial districts resides only in the particular judicial district within that state where it maintains a principle place of business, or failing that, .......
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Design Patents: An Analogy
May 18, 2018
Post by Gregory "Lars" Gunnerson
A recent Webinar moderated by Gene Quinn of IPWatchdog.com titled, “Strategic Use of Design Patents”, analogized a design patent to a tool in a tool box. This analogy is intriguing. For example, a utility patent could be considered a hammer, as it is useful in a wide array of applications and delivers a devastating impact when swung effectively. A design patent then, is more like a chisel. The chisel is .......
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USPTO Proposed Rule Change to Adopt the Same Standard for Interpreting Claims in AIA Trials as the US District Courts and ITC
May 10, 2018
Post by Xiaohong Liu, Ph.D.
The big news of this week in the U.S. patent world is the publication of the Notice of Proposed Rule Making (NPRM) by the U.S. Patent & Trademark Office (USPTO) on May 9, 2018, for “Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board (PTAB)". The USPTO proposes changes to the claim construction standard for interpr.......
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National Bioengineered Food Disclosure Standard rules publish May 4: Ties to patent protection and gene editing
May 03, 2018
Post by Cassie J. Edgar
National Bioengineered Food Disclosure Standard rules publish May 4: Ties to patent protection and gene editing   In 2016 Congress passed an amendment to the Agricultural Marketing Act of 1946 to establish a national bioengineered food disclosure standard. This law was an important milestone in establishing transparency for consumers, ensuring labeling certainty for innovators developing new products, .......
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World Intellectual Property Day 2018
April 27, 2018
Post by Kirk M. Hartung
On World Intellectual Property day (April 26), President Trump proclaimed his administration’s goal of improving intellectual property rights in the United States. This is similar to the pledge earlier this month by the new director of the U.S. Patent and Trademark Office, Andrei Iancu, in his recent speech to the U.S. Chamber of Commerce to strengthen our patent system. Both the President and the Direct.......
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Inter Partes Review Proceedings (IPRs) Do Not Violate Article III of the Constitution per U.S. Supreme Court
April 24, 2018
Post by Jonathan L. Kennedy
The U.S. Supreme held in a 7-2 decision (Justice Gorsuch and Chief Justice Roberts dissenting), Oil States Energy Servs. V. Greene’s Energy Group, LLC, that the Inter Partes Review proceedings, commonly referred to as IPRs, do not violate Article III or the Seventh Amendment. The Court was deciding two primary constitutional challenges: (1) whether IPRs violate Article III of the constitution by assigni.......
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Patent Office Director Pledges Improvements to U.S. Patents
April 19, 2018
Post by Kirk M. Hartung
In a speech to the US Chamber of Commerce, the newly appointed head of the U.S. Patent and Trademark Office, Andrei Iancu, expressed his concern over the current state of the U.S. patent system, and pledged to make improvements within the Patent Office to strengthen and increase predictability.  New laws, courts decisions, and negative commentary over the past several years has discouraged innovatio.......
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All's Fair in Love and Litigation: The Intellectual Property War of Bumble and Tinder
April 11, 2018
Post by Sarah M. Dickhut
Last month Match Group, which owns Tinder (as well as OkCupid, Match.com and Plenty of Fish) filed suit against Bumble alleging patent infringement, trademark infringement, and misappropriation of trade secrets. See Match Group, LLC, Plaintiff, v. Bumble Trading Inc., Defendant, 2018 WL 1371453 (W.D.Tex.). Match Group argues that Whitney Wolfe-Herd, a co-founder of Tinder, left Tinder and created Bumble,.......
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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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