Federal Judge Rules Embedded Tweet Violated Copyright
February 21, 2018
Post by Brandon W. Clark

Post By Brandon Clark In a surprising ruling, U.S. District Court Judge Katherine B. Forrest, recently ruled that several news organizations and publishers violated a photographer’s copyright when they “embedded” a photo from Twitter on their websites without permission. Judge Forrest’s decision to grant the plaintiff’s motion for partial Summary Judgement is sure to be controversial and could prove to be ....... Read More

The Future of GMOs in the UK Post-Brexit
February 15, 2018
Post by Sarah M. Dickhut

Post By Sarah Dickhut Following the United Kingdom triggering its formal exit from the European Union, negotiations regarding the details of the exit and the following transition period have begun. As one could expect, this negotiation process has brought to light underlying tensions between the UK and the EU. These tensions recently reached a peak when earlier this month the EU's negotiator warned t....... Read More

The Plant Naming Conundrum … Protecting Your Plant Varieties in the Short and Long Term
February 15, 2018
Post by Christine Lebron-Dykeman

Post By Christine Lebron-Dykeman Development of a new plant cultivar or varietal often requires substantial research and development. These costs can be recovered, however, if a breeder is able to successfully market, sell and/or license the resulting product, while maintaining exclusive ownership rights therein.  There are, of course, a variety of intellectual property protection schemes available to....... Read More

Time to Consider Patent Protection in China
February 13, 2018
Post by Kirk M. Hartung

Post By Kirk M. Hartung In the past decade, the Chinese government has made substantial policy changes regarding protection for intellectual property, both for obtaining rights and enforcing rights. These policies are generally favorable to patent owners and are intended to incentivize innovation. In December, the World Intellectual Property Organization (WIPO) published statistics for worldwide patent application....... Read More

Space Systems Loral to Proceed with Trade Secret Theft Lawsuit Against Orbital ATK
February 11, 2018
Post by Gregory "Lars" Gunnerson

Post By Gregory "Lars" Gunnerson Daniel Wilson of reports on Friday, February 2nd, U.S. District Judge Raymound A. Jackson “trimmed two claims from space technology company SSL’s suit accusing rival Orbital ATK of stealing its trade secrets through a shared NASA server, but refused to toss the suit, saying SSL had adequately pled the majority of its allegations.” SSL was able to survive getting ....... Read More

AIAA Honors Inventor Dr. Jay Gundlach
February 03, 2018
Post by Gregory "Lars" Gunnerson

Post By Gregory "Lars" Gunnerson On January 16, 2018, Lawrence Garrett reported The American Institute of Aeronautics and Astronautics (AIAA) chose to honor Senior Member Dr. Jay Gundlach in the AIAA Momentum Member Spotlight for January 2018. With respect to Dr. Gundlach’s intellectual property endeavors, Lawrence notes: For the past two decades, Dr. Jay Gundlach has been a pioneering force beh....... Read More

Protecting Your Company's Innovations
February 02, 2018
Post by Kirk M. Hartung

Post By Kirk M. Hartung In 2017, over 600,000 patent applications were filed with the U.S. Patent Office, the most in its history. Clearly, a business plan for intellectual property may provide substantial value to your company, or you may be leaving substantial value on the table. Failure to plan is, in essence, a plan to fail. A thorough plan, properly executed, can provide protection for innovations, pa....... Read More

PTAB Opinion Provides Reminder that Indefiniteness Rejections Must Establish a Prima Facie Case
January 26, 2018
Post by Jonathan L. Kennedy

Post By Jonathan L. Kennedy In a recent USPTO Patent Trial and Appeal Board (PTAB) opinion, the PTAB reversed an Examiner's indefiniteness rejection as the it failed to establish a prima facie case of indefiniteness. InEx Parte Kimura, Appeal No. 17-1293 (PTAB Jan. 25, 2018), the claims were rejected for reciting, "normal pumping operation." The rejection stated the term was indefinite because "[t]he claim....... Read More

The Broad Institute has a Patent Revoked by the EPO on Technical Grounds
January 24, 2018
Post by Blog Staff

Post By Blog Staff The CRISPR/Cas9 landscape continues to evolve around the world. On January 17, 2019, the EPO’s Opposition Division revoked Broad’s patent EP2771468 on the grounds it lacked novelty. The revocation will not be take effect until after any appeal is heard. EP2771468 claimed priority to a US provisional application, which would have allowed the patent to predate several references cited against its ....... Read More

U.S.P.T.O. Remains Open
January 22, 2018
Post by Kirk M. Hartung

Despite the shutdown of a significant portion of the federal government, the United States Patent and Trademark Office will remain open, at least for the short term.This government agency is self-funded through user fees, and therefore will continue business as usual for the next two weeks. If the government shutdown continues into February, the PTO status may change. Below is an email from January 19, 20....... Read More

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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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