Filewrapper®

Notable Works Entering the Public Domain in 2020
January 09, 2020
Post by Brandon W. Clark
  The term “public domain” refers to creative materials that are not protected by intellectual property laws such as copyright, trademark, or patent laws. The public owns these works, not an individual author or artist. Anyone can use a public domain work without obtaining permission, but no one can ever own it. Currently, a copyright’s term is for life of the author plus 70 years, or 95 years from .......
Read More


Federal Circuit Clarifies Standard for Determining Nexus Between Claims and Secondary Considerations
December 20, 2019
Post by Julie L. Spieker
Julie L. Spieker On December 18, 2019, in Fox Factory, Inc. v. SRAM, LLC, the Federal Circuit (the “Court”) vacated and remanded the Patent Appeal Board’s (the “Board”) obviousness determination. Fox challenged SRAM’s patent for bicycle chain rings in an inter partes review. The Court found that the Board applied the wrong standard for determining whether or not challenged patent claims are entitled to a .......
Read More


SUPREME COURT DENIES USPTO ATTORNEY FEES UNDER 35 USC 145
December 20, 2019
Post by Kirk M. Hartung
On December 11, 2019, the US Supreme Court ruled against the US Patent & Trademark Office’s recent practice of demanding its attorney fees for patent applications appealed to the U.S. District Court, regardless of whether the Patent Office won or lost.  See Peter v. Nantkwest, Inc., No. 18-801. 35 U.S.C. 145 provides that a patent applicant dissatisfied with a decision of the Patent Trial and App.......
Read More


The Verdict is In – Implications on the Supreme Court Ruling Regarding Attorney’s Fees
December 12, 2019
Post by Tina G. Yin Sowatzke, Pharm.D.
Tina G Yin-Sowatzke The United States Supreme Court unanimously ruled on December 11, 2019, that the United States Patent and Trademark Office (USPTO) cannot demand repayment of attorney’s fees in district court proceedings brought under 35 U.S.C. § 145. For a summary of the arguments presented during oral arguments, see the author’s previous post here. The opinion written by Justice Sotomayor not only pr.......
Read More


Update from the AIPLA Biotech Committee Meeting
December 09, 2019
Post by Oliver P. Couture, Ph.D.
At the recent American Intellectual Property Law Association (AIPLA) conference the AIPLA Biotechnology Committee met to discuss two biotechnology issues: 35 USC 101 legislation and treatment of genetic resources (GR) and traditional knowledge (TK). Bob Stoll, former Commissioner for Patents at the USPTO and member of AIPLA’s 101 taskforce led the 101 discussion as part of the taskforce’s role to help sh.......
Read More


"T" is for Tesla and Trademark
December 09, 2019
Post by Sarah M. Luth
Elon Musk recently revealed that his company “Tesla” was almost branded “Faraday.” On December 1, Musk tweeted “Tesla was almost called Faraday, as [the] original holder of Tesla Motors trademark refused to sell it to us!” When another Twitter user asked how Tesla eventually got the rights to the name, Musk responded “We sent the nicest person in the company to sit on his doorstep until he at least t.......
Read More


T-Mobile Asserts Charitable Startup Lemonade Infringes Magenta Mark
November 26, 2019
Post by Gregory "Lars" Gunnerson
National Public Radio (NPR) reports T-Mobile has sent a cease and desist letter to startup Lemonade. For those unfamiliar with Lemonade, Lemonade is a public benefit corporation quickly growing in popularity, particularly with millennials, because the company donates all unclaimed money to charities of the policyholder’s choice. T-Mobile asserts Lemonade’s use of a color allegedly similar to Magenta.......
Read More


Generic.com: SCOTUS to Consider Whether a Top-Level Domain Creates a Protectable Trademark
November 15, 2019
Post by Nicholas J. Krob
Much to the chagrin of companies such as Bayer, DuPont, Westinghouse, and Motorola—former owners of trademark rights in, respectively, the terms “aspirin,” “cellophane,” “laundromat,” and “flip phone”— U.S. law does not protect terms that identify the general nature of a product or service itself rather than the source thereof, or “generic” terms, as trademarks.  What if, however, these .......
Read More


IP Post-Brexit: What Does the "FEUture" hold?
November 06, 2019
Post by Julie L. Spieker
Julie L. Spieker On December 12, the United Kingdom (UK) will hold a general election, in which Prime Minister Boris Johnson hopes to secure a clear majority so as not to lose the prospect of Brexit after failing to leave the European Union (EU) by the end of October as previously promised. Currently, Johnson enjoys a healthy lead in the polls which raises the question: what is the impact of Brexit on int.......
Read More


Halloween Edition: Copyright for Banana Costume is upheld on A-Peel
October 30, 2019
Post by Brandon W. Clark
The Third Circuit recently held that a banana costume qualified for copyright protection as Rasta Imposta, a retail wholesaler of Halloween costumes, sued Kangaroo Manufacturing, a costume manufacturer, for copyright infringement, trade dress infringement, and unfair competition after Rasta discovered Kangaroo selling a banana costume that resembled one of Rasta’s costumes without a license. The costumes.......
Read More


Search Posts

Purpose

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.

Disclaimer

McKee, Voorhees & Sease, P.L.C. provides this blog for general informational purposes only. By using this blog, you agree that the information on this blog does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and McKee, Voorhees & Sease, P.L.C. Do not consider this blog to be a substitute for obtaining legal advice from a qualified, licensed attorney. While we try to revise this blog on a regular basis, it may not reflect the most current legal developments. We consciously refrain from expressing opinions on this blog and instead, offer it as a form of information and education, however if there appears an expression of opinion, realize that those views are indicative of the individual and not of the firm as a whole.

Connect with MVS

Enter your name and email address to recieve the latest news and updates from us and our attorneys.

Subscribe to: MVS Newsletter

Subscribe to: Filewrapper® Blog Updates

  I have read and agree to the terms and conditions of McKee, Voorhees & Sease, P.L.C.