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'Fame' is Not All-Or-Nothing
June 06, 2017
Post by Blog Staff

Post By Blog Staff The Court of Appeals for the Federal Circuit (“CAFC”) vacated a decision by the Trademark Trial and Appeal Board (the “Board”) denying a petition by Joseph Phelps Vineyards, LLC for cancellation of a trademark held by Fairmont Holdings, LLC. The CAFC held that the Board used an incorrect standard when analyzing the ‘fame’ factor for likelihood of confusion. The court remanded for redeter....... Read More


Spotify Settles Class Action Lawsuit for $43.4 Million
May 31, 2017
Post by Brandon W. Clark

Post By Brandon Clark In February of last year, I wrote a blog discussing the filing of a class action lawsuit against Spotify seeking $150 million in unpaid mechanical royalties (Read the previous post here). In a settlement announced on Friday, Spotify has agreed to set up a fund worth $43.4 million to compensate songwriters and publishers whose compositions were used without paying mechanical royalties. Mechani....... Read More


U.S. Supreme Court Extends the Limitation of "Exhaustion" for Patent Rights
May 30, 2017
Post by Blog Staff

Post By Blog Staff A United States patent entitles the patent holder to exclude others from making, using, offering for sale, or selling [its] invention throughout the United States or importing the invention into the United States. However, when a patentee sells one of its products, the patentee can no longer control that item through the patent laws— its patent rights are said to “exhaust.” Today, ....... Read More


Federal Circuit Opinion Does Little to Resolve Questions Regarding Online Retailers’ Liability for “Offers to Sell”
May 24, 2017
Post by Nicholas J. Krob

Post By Nicholas Krob Under 35 U.S. Code § 271(a), anyone who, without authorization, “offers to sell” a patented invention in the United States infringes said patent.  This basis for liability is distinct from liability for theactual sale of a product and does not require acceptance of the offer—raising interesting questions for online retailers like Amazon.  Notably, when an individual im....... Read More


U.S. Supreme Court Limits Where Patent Infringement Defendants Can be Sued
May 22, 2017
Post by Jonathan L. Kennedy

Post By Jonathan L. Kennedy In TC Heartland LLC v. Kraft Foods Group Brands LLC, the U.S. Supreme Court limited the locations that patent infringement suits can be brought against a defendant, i.e., venue for the lawsuit.  Proper venue is established by 28 U.S.C. § 1400(b) as the place where (1) the defendant resides or (2) where the defendant has committed the acts of infringement and has a regula....... Read More


7 Reasons to Consider China in Developing an IP Strategy
May 19, 2017
Post by Xiaohong Liu, Ph.D.

Post By Xiaohong Liu China now may have a better patent system for enforcing patent rights through litigation, as compared to their patent protection in past years. Before you dismiss this notion completely, consider the following: A very high win rate, up to 75% - 95%, is possible for a patent owner, especially a foreign patent owner, in a litigation. Discovery is limited, so patent litigation i....... Read More


The U.S. Patent Office Is Improving
May 17, 2017
Post by Kirk M. Hartung

The Director of the U.S. Patent and Trademark Office, in remarks yesterday to the George Washington School of Law, noted numerous improvements and initiatives at the Patent Office to improve the patent process, such as: Time from filing to first action has decreased 43% in the past 5 years, from 28 months in 2011 to 16 months now. Time from filing to final office action/allowance has been reduced 26%,....... Read More


Prepping for Protection: First Steps to Developing an IP Strategy
May 16, 2017
Post by Caitlin M. Andersen

Post By Caitlin M Anderson Whether you are an individual, a start-up company, or an existing business, two of the hardest (and most important) questions are: “Do I have intellectual property?” and “How do I protect it?” First, having a qualified attorney will help make answering these questions significantly easier and they can help guide you through the development of an IP strategy that not only protects....... Read More


The Eagles Sue Hotel California
May 02, 2017
Post by Brandon W. Clark

Post By Brandon Clark On a dark desert highway, cool wind in my hair Warm smell of the courtroom, rising up through the air(sorry) Earlier this week, The Eagles sued a Mexico based hotel, aptly named Hotel California, alleging trademark infringement and unfair competition. The case, filed May 1, 2017, isEagles Ltd v Hotel California Baja LLC et al, U.S. District Court, Central District of California, No. 17-03....... Read More


Federal Circuit Clarifies The Post-AIA On-Sale Bar
May 01, 2017
Post by Blog Staff

Post By Blog Staff Yesterday, in Helsinn v. Teva, the Federal Circuit added greater clarity to the restrictions the sale of inventions pose to patentability. Under 35 U.S.C. § 102, an invention cannot be patented if the claimed invention was on sale before the effective filing date of the claimed invention. In Helsinn, the Federal Circuit took steps to define exactly what is meant by “on sale.” Hel....... Read More


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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.

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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.

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