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Athena Diagnostics v. Mayo Collaborative Services Part 2, or: For the Benefit of Us All
February 15, 2019
Post by Oliver P. Couture, Ph.D.
Part 1 of the review of Athena Diagnostics v. Mayo Collaborative reviewed how the Majority Opinion is at odds with precedent and the most recent United States Patent & Trademark Office (USPTO) Subject Matter Guidelines published last month. Part II below examines the dissent from Judge Newman and how it aligns with both precedent and the Guidelines. As stated in Part 1, at issue in Athena was an admi.......
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Big Mac Blunder: McDonald’s Loses European Trademark Rights for Famous Burger
February 14, 2019
Post by Nicholas J. Krob
Last month, the European Union Intellectual Property Office (EUIPO) issued a surprise decision revoking fast food giant, McDonald’s, “BIG MAC” EU trademark registration in its entirety. The decision was the latest development in an ongoing battle between McDonald’s and Irish fast food restaurant Supermac’s. McDonald’s trouble started in 2014 after they opposed Supermac’s trademark application for “S.......
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Athena Diagnostics v. Mayo Collaborative Services Part 1, or: How I Learned to Stop Worrying and Love the Inconsistencies
February 12, 2019
Post by Oliver P. Couture, Ph.D.
Part 1 of the review of Athena Diagnostics v. Mayo Collaborative will look at how the Majority Opinion is at odds with precedent and the most recent United States Patent & Trademark Office (USPTO) Subject Matter Guidelines published last month. Part 2 will look at the dissent from Judge Newman and how it fits better with both precedent and the Guidelines. At issue in Athena, were methods for detectin.......
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Protecting Creativity by Artificial Intelligence: Part 3
February 06, 2019
Post by Kirk M. Hartung
Artificial intelligence (AI) inventions and discoveries discussed in part 2 of this blog series, which may be protectable with patents, are only one form of creativity by computers. AI can also generate written documents, music, and other creative works of authorship. See for example, CLOEM and AllTheClaims.com. Even software now exists that allows computers to use artificial intelligence to write patent.......
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Protecting Creativity by Artificial Intelligence: Part 2
January 30, 2019
Post by Kirk M. Hartung
U.S. Patent laws usually have two objectives: 1) To disclose inventions for the benefit of mankind; and 2) To incentivize inventors and investors. Thus, patent protection serves a social benefit and a personal benefit. Currently, thousands of patent applications are being filed in the U.S. Patent Office for inventions directed to AI, and despite the patent eligibility issues, patents are being issued on .......
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Additional Update on the Government Shutdown
January 29, 2019
Post by Gregory "Lars" Gunnerson
As you are most likely aware, the United States government was shutdown for a total of 35 days, the longest shutdown in US history. The shutdown led to 380,000 federal workers being furloughed, and an additional 420,000 workers were required to work without any known payment dates during this period, forcing many to find other paid work or protest against the extended period of the deadlock. However, the.......
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Jury Orders Mongols Motorcycle Club to Forfeit Trademark
January 24, 2019
Post by Brandon W. Clark
The Mongols Nation motorcycle club was recently convicted of violations of the Racketeer Influenced and Corrupt Organization Act (RICO) resulting in a California federal jury ordering the motorcycle club to forfeit its trademarked logo based on links between the image and the criminal activities carried out by the group. The imagine incorporates the motorcycle club’s name along with a Genghis Khan-type c.......
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Supreme Court Rules: Sale of Invention can Prevent Patenting
January 24, 2019
Post by Patricia A. Sweeney - Of Counsel
Following passage of the America Invents Act, questions arose as to whether a secret sale by the inventor more than one year before patenting was prior art under section 102(a)(1) that would prohibit patenting of the invention. The language of the statute provides an invention cannot be patented if “in public use, on sale, or otherwise available to the publicbefore the effective filing date of the claime.......
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Protecting Creativity by Artificial Intelligence: Part 1
January 23, 2019
Post by Kirk M. Hartung
Artificial intelligence has progressed to a state where, based upon software and algorithms written by humans, the computer itself can solve problems and discover new and better ways to accomplish desired results. Artificial intelligence is being used in many industries, including agriculture, education, manufacturing, and medicine. The inventions and creations of the computer itself, rather than a human.......
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Oh Na Na What’s My Name?: Rihanna Sues Father for Trademark Misuse of “Fenty” Surname
January 21, 2019
Post by Sarah M. Dickhut
Robyn Rihanna Fenty (“Rihanna”) has filed a lawsuit against her father, Ronald Fenty, over the use of the name “Fenty.” Ronald Fenty uses the family surname in his company Fenty Entertainment, a company which recruits artistic talent and also develops television programs, motion pictures, and record producing. Over the last several years Rihanna has developed her label via Fenty cosmetics (Fenty Beauty),.......
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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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