Hollywood Studios Prevail Against Family-Friendly Video Streaming Site
September 14, 2017
Post by Brandon W. Clark

Post By Brandon Clark In a 3-0 ruling, a federal appeals court sided with Disney, Warner Bros., and Twentieth Century Fox by affirming an injunction that shut down movie filtering service VidAngel, Inc., saying that a ruling to the contrary would “create a giant loophole in copyright law”. VidAngel is a video filtering service that lets users stream films without nudity, violence, and alcohol and drug use. The....... Read More

Trade Secrets: Lessons for Employers
September 07, 2017
Post by Patricia A. Sweeney - Of Counsel

Post By Patricia Sweeney Two court cases have provided a potent lesson in the need to interview incoming employees from competitors, and when the so-called “nuclear option” is available, when it is your trade secret that walks out the door. The “nuclear option” is a portion of the Defend Trade Secrets Act that was passed in 2016. Among the remedies for an employer is, in addition to seeking damages and inj....... Read More

YouTube “Reaction Video” Deemed Fair Use
September 01, 2017
Post by Nicholas J. Krob

Post By Nicholas Krob Much of the YouTube community breathed a sigh of relief last week as a New York federal court dismissed a lawsuit that had been brought against two of YouTube’s most popular personalities. On April 26, 2016, Matt Hosseinzadeh filed suit in the U.S. District Court for the Southern District of New York against Ethan and Hila Klein of “H3H3 Productions,” alleging, among other things, tha....... Read More

A Computer Memory System is Not Abstract
August 17, 2017
Post by Blog Staff

Post By Blog Staff In a decision on August 15, 2017, the Court of Appeals for the Federal Circuit (“CAFC”) reversed and remanded the district court’s decision in Visual Memory LLC v. NVIDIA Corporation. The CAFC concluded that the district court erred when it held that Visual Memory’s patent No. 5,953,740 (“‘740”) is drawn to patent-ineligible subject matter and dismissed the patent infringement complaint ....... Read More

The Most Difficult Definition: Considerations for Defining “Genetically Modified Organism"
August 17, 2017
Post by Caitlin M. Andersen

Post By Caitlin M Andersen A patent applicant is free to act as their own lexicographer in drafting an application and may define terms as they see fit. Should a word not be defined explicitly in the application, the Patent Office will then give the term “the broadest reasonable interpretation according to a person having ordinary skill in the art” -- they will broadly define the word as someone of equal t....... Read More

Domain Name Disputes: A UDRP Primer
August 09, 2017
Post by Brandon W. Clark

Post By Brandon Clark Has someone registered a domain that is identical or strikingly similar to your brand name or trademark? What rights do you have and what legal remedies are available if you or your company find yourself in a dispute over a domain name? This article is intended to serve as a brief overview of domain name dispute resolution proceedings. ICANN, the Internet Corporation for Assigned Name....... Read More

What's In A Name?
August 02, 2017
Post by Blog Staff

Post By Blog Staff Theresa Earnhardt, widow to professional race car driver Dale Earnhardt and step-mother to Kerry Earnhardt, appealed the Trademark Trial and Appeal Board’s decision that her stepson’s mark, EARNHARDT COLLECTION, was notas a whole primarily a surname. Theresa Earnhardt is the owner of trademark registrations and common law rights in the use of the mark DALE EARNHARDT. Kerry Earnhardt, as CEO ....... Read More

When Life Hands you Lemons, Make CoQ10
July 27, 2017
Post by Blog Staff

Post By Blog Staff In the Federal Circuit Decision of Soft Gel Technologies, Inc. v. Jarrow Formulas, Inc., the Court found three related Soft-Gel patents invalid for obviousness. The three patents describe a way to dissolve CoQ10 in monoterpenes for enhanced delivery to the body. The patents disclosed two suitable examples, limonene and carvone and derivatives thereof. However, prior to suit, the Patent T....... Read More

Surge in Patent Applications Related to 3D Printing: Is Yours One of Them?
July 26, 2017
Post by Jonathan L. Kennedy

Post By Jonathan L. Kennedy The USPTO recently released statistics that over 8,000 patent applications were filed in 2016 related to 3D printing (additive manufacturing). Some of the interesting 3D printing inventions that have been subject to publicity include,prosthetic hands and fingers for children without fingers, three-dimensional bioprinting of human-compatible vascularized tissue developed by gradu....... Read More

Inevitable Does Not Equal Obvious
July 21, 2017
Post by Blog Staff

Post By Blog Staff Earlier this week, the Unites States Court of Appeals for the Federal Circuit (“CAFC”) held that the United States District Court for the District of Delaware clearly erred in its obviousness analysis in Millennium Pharmaceuticals, Inc. v. Sandoz, Inc, reversing the lower court’s decision and entering judgment in favor of Millennium. Millennium Pharmaceuticals, Inc. (“Millennium”) sued t....... 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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