IPR Proceedings to Pre-AIA Patents is not an Unconstitutional Taking
August 07, 2019
Post by Blog Staff
On July 30, 2019, in Celgene Corp. v. Peter, the Federal Circuit (CAFC) held that “retroactive application of IPR proceedings to pre-AIA patents is not an unconstitutional taking under the Fifth Amendment.” A provision of the Fifth Amendment, known as the “takings clause”, provides that private property shall not “be taken for public use, without just compensation.” In Celgene Corp. v. Peter, the CAFC af.......
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3 Reasons to Build your Patent Portfolio
July 31, 2019
Post by Kirk M. Hartung
A strong patent portfolio provides many benefits to the owner. Patents are an asset that have value, and that value can come in different forms. 1. Patents force competitors to design around the patented invention. As your company spends resources, including time and money, in research and development (R & D), the resulting inventions are often patentable. If the invention is commercially viable, and thu.......
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40 Years on, Bayh-Dole is Stronger than Ever
July 29, 2019
Post by Oliver P. Couture, Ph.D.
The Bayh-Dole Act was passed in 1980 and is arguably one of the most successful pieces of bipartisan legislation ever passed. The first line of the Act says, “It is the policy and objective of the Congress to use the patent system to promote the utilization of inventions arising from federally supported research or development….” Since its passage in 1980, the number of granted patents receiving gover.......
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Buying the Cow: Why Branding is Commonly Concealed in TV Shows and Movies
July 26, 2019
Post by Nicholas J. Krob
 Have you ever been watching a TV show and noticed that certain logos on various products were covered with tape or otherwise concealed? Do you know why that is? If you don’t, you’re not alone.  In a controversial video posted last month by guitar giant Gibson, the company issued a warning stating that it was going to “fight to protect its intellectual property.” In doing so, the company specif.......
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2018 Farm Bill: Proposed Regulations for Comment
July 18, 2019
Post by Heidi S. Nebel
The United States Department of Agriculture (USDA) has published proposed regulations for comment to enact the 2018 Farm Bill, Public Law No: 115-334, Sec. 10108. As one may recall, the bill amended the United States Plant Variety Protection (PVP) Act to add asexually propagated plants as a potential PVP certificate option. As a USDA PVP Board Member, I was privy to these proposed regulations and was abl.......
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USPTO To Require U.S. Licensed Attorney for Trademarks
July 02, 2019
Post by Luke T. Mohrhauser
Luke T. Mohrhauser On July 2, 2019, the United States Patent & Trademark Office (USPTO) released a rule related to foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board (TTAB) proceedings. The rule, which takes effect on August 3, 2019, states that all foreign-domiciled parties must be represented at the USPTO by an attorney who is licensed to practice la.......
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Drafting the Fine Print: Every Word is Significant in a License Agreement
June 28, 2019
Post by Tina G. Yin Sowatzke, Pharm.D.
Tina G Yin-Sowatzke Licensing agreements can be both complex and extensive, however, diligence must be exercised in ensuring that the scope of rights to be transferred are clearly defined. The failure to do so may result in disputes over the interpretation of licensing agreements, where each word and phrase may be painstakingly scrutinized in court. Such disputes arose in the case of Sköld v. Galderma Lab.......
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State Sovereign Immunity Does Not Apply to IPR Proceedings
June 25, 2019
Post by Blog Staff
On June 14, 2019 in Regents of the University of Minnesota v. LSI Corp., the Federal Circuit (CAFC) held that state sovereign immunity does not apply in inter partes review (IPR) proceedings. On appeal, the CAFC affirmed a decision by the Patent Trial and Appeal Board (PTAB) that declined to dismiss petitions for IPR proceedings that were alleged to be improper based on the idea that state sovereign immu.......
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10 Data Privacy and Security Practices Your Business Should Adopt
June 24, 2019
Post by Sarah M. Luth
Data privacy and cybersecurity practices are becoming increasingly important in view of new legislation, such as the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA) as well as the increasing sophistication of hackers and bad actors. Between 2000 and 2017, cybercrime and breaches of privacy impacted more than 4 million individuals. Cybercrime and breaches of privacy al.......
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Comparing United States and European Patent Law for Software
June 18, 2019
Post by Gregory "Lars" Gunnerson
Software Eligibility in Europe Programs for computers are partially, albeit explicitly, excluded from patentability under Article 52(2) of the European Patent Convention (EPC). Article 52(3) EPC elaborates, “The provisions of paragraph 2 shall exclude patentability of the subject-matter or activities referred to in that provision only to the extent to which a European patent application or European pate.......
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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.


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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