Supreme Court in Romag v. Fossil Finds Willfulness Relevant but Not Required for Trademark Profits
May 01, 2020
Post by Christine Lebron-Dykeman
On April 23, 2020, the United States Supreme Court issued a landmark ruling in a trademark infringement matter. They answered the long-standing question: When can courts order trademark infringers to disgorge their profits to a trademark owner? Over the years there has a been a long-standing circuit split on the answer to this question with four circuits having a categorical rule requiring willful infrin.......
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Fish Hook Claims Can't Catch a Patent
April 29, 2020
Post by Julie L. Spieker
On April 24, 2020, The Court of Appeals for the Federal Circuit (“CAFC”) held that claims concerning a method for fishing, specifically that of selecting a fishing hook based on observed water conditions, are directed to an abstract idea. According to 35 U.S.C. § 101, “[w]homever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful imp.......
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How can we help? The USPTO Midwest Regional Director calls to talk about coronavirus impact on patenting
April 24, 2020
Post by Patricia A. Sweeney - Of Counsel
The call was from the US Patent Office but it wasn’t an examiner calling to discuss a restriction requirement.  It was the office of Damian Porcari, the Midwest Regional Director for the USPTO who wanted to talk to one of our clients and myself regarding problems and impacts that the coronavirus pandemic is having on patenting.  Mr. Porcari wanted to understand how the pandemic and lockdowns ar.......
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Open Covid IP Pledge
April 23, 2020
Post by Kirk M. Hartung
The Open Covid Pledge is a recent initiative to assist in finding solutions to the corona virus. In essence, companies that sign on to the pledge agree to provide royalty free, limited time licenses to their intellectual property, so that others may research, develop, use, and make publicly available technology that may fight the corona battle.  The pledge is intended to have a wide scope to cover diagnosis.......
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PTAB Determines the “Publicly Available” Standard Varies Between Examiners and Third Party Challengers
April 16, 2020
Post by Sarah M. Luth
In a precedential decision issued December of 2019, the Patent Trial and Appeals Board (PTAB) in Hulu, LLC. V. Sound View Innovations, LLC (IPR 2018-01039) considered what is required for a petitioner in an inter partes review (IPR) to show that an asserted reference qualifies as a “printed publication.” Petitioner Hulu argued that patentee Sound View’s patent was obvious over a textbook available p.......
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Court Rules Photographer Gave Up Exclusive Copyright Licensing Rights by Posting to Instagram.
April 16, 2020
Post by Brandon W. Clark
  In a controversial opinion, a New York federal court judge recently ruled that a professional photographer gave up exclusive licensing rights by posting a photo on Instagram. The photographer, Stephanie Sinclair, posted a photo on the popular social media site, Instagram. Later, the news site Mashable contacted Sinclair requesting to use the photo for a story on female photographers (Article). .......
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Patent Pooling and its Contribution to Collaborative IP Attempts at Targeting Patent Access
April 09, 2020
Post by Tina G. Yin Sowatzke, Pharm.D.
Tina G Yin-Sowatzke Growing concerns surrounding effective treatment options for combating Covid-19 has sparked global discussion involving the issue of access to innovations directed toward eradicating the novel virus. Recently, the Costa Rican government requested that the World Health Organization (WHO) create a voluntary patent pool to collect patent rights, regulatory test data, and other information to be s.......
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McKee, Voorhees & Sease Providing Assistance During the COVID-19 Crisis
April 03, 2020
Post by Blog Staff
As all of us in Iowa are dealing with the Coronavirus outbreak, MVS is joining in to help those affected by this crisis and show our appreciation to our healthcare workers while supporting our local businesses. Several of our attorneys are volunteering to staff the hotline created by Iowa Legal Aid, The Iowa State Bar Association and Polk County Bar Association Volunteer Lawyers Project as announced by G.......
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Amarin's Eicosapentaenoic Acid Patents All Found Invalid - Lessons on Obviousness
March 31, 2020
Post by Sarah M. Luth
Earlier this week the U.S. District Court for the District of Nevada issued a decision in the case of Amarin Pharmaceuticals, Inc. v. Hikma Pharmaceuticals USA Inc., regarding the validity of six patents owned by Amarin Pharmaceuticals for the drug Vascepa. Amarin filed suit to prevent Hikma and Dr. Reddy’s Laboratories (DRL) from launching generic competitor drugs to Vascepa, and the Defendants counter-.......
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Patents Concerning Coronavirus Treatments
March 26, 2020
Post by Gregory Lars Gunnerson
28 U.S.C 1498 allows the government to use or authorize others to use any invention “described in and covered by a patent of the United States.” If such authorization is granted, patent owners can sue the United States, but only for reasonable compensation. Patent owners are not able to seek injunctions against private entities working for the United States government. In 2009, the United States Departme.......
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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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