Questions Remain for Venue Considerations Post TC Heartland
January 18, 2019
Post by Luke T. Mohrhauser
Luke T. Mohrhauser A recent decision in a patent infringement case involving John Deere suing both AGCO Corporation and its subsidiary, Precision Planting LLC, in the District of Delaware illustrates that not all answers from the Supreme Court's 2017 decision of TC Heartland LLC v. Kraft Foods Grp. Brands LLC are clear. The TC Heartland decision included, in part, that "A patent infringement case "may be .......
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Update on the Government Shutdown
January 11, 2019
Post by Gregory "Lars" Gunnerson
In December 2018, the United States Patent & Trademark Office (USPTO) reported it would stay open at least for a temporary time in the event of a government shutdown. Thus far, the USPTO closed only on December 24, 2018 (Christmas Eve), as a result of an executive order issued by President Trump. Christmas Eve fell on a Monday and would normally be a day in which the USPTO is open, as Christmas .......
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USPTO Updates 112 Guidance: Presumption Shift of Functional Limitations
January 10, 2019
Post by Oliver P. Couture, Ph.D.
Recently, the United States Patent & Trademark Office (USPTO) has announced plans to update their guidance on functional claim language under 112 and will after a period of public input. This update will likely require a more detailed specification for functional claims or result in narrower claims. Under the proposed 112 guidelines, which are aimed more specifically toward computer cla.......
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USPTO Updates 101 Guidance: Making Abstract More Concrete
January 08, 2019
Post by Oliver P. Couture, Ph.D.
Recently the United States Patent & Trademark Office (USPTO) has announced plans to update their guidance on 101 issues and will do so after a period of public input in order to increase clarity during prosecution. This update will replace, not just update, several sections of MPEP 2106. The update will also provide practitioners a more solid ground to argue 101 issues during prosecution. The first s.......
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Has Alice Killed all the Fun?
January 07, 2019
Post by Oliver P. Couture, Ph.D.
Games, both the physical board and the methods of playing them, have had a long history of patent eligibility. For example, in 1904 Elizabeth Phillips patented the game board for Landlord’s Game, which was then later controversially patented by Charles Darrow in 1934 as Monopoly. While both of these patents were to the physical boards with their distinctive spaces, in 1994 Richard Garfield patented a met.......
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“Hottest Fashion Brand in the World” Sues Children’s Clothing Company for Trademark Infringement
January 02, 2019
Post by Nicholas J. Krob
In December 2018, high-end streetwear fashion label Off-White filed a lawsuit in the Southern District of New York against children’s clothing company Brooklyn Lighthouse, claiming the Brooklyn company infringed upon Off-White’s trademarks and trade dress. Off-White’s products typically retail between $150 and $2,500 and feature “distinctive graphic and logo-heavy apparel designs.”  Such graphics includ.......
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Protecting Your Nanotechnology Inventions - Part 4: Don’t Forget About Trade Secret Protection
December 31, 2018
Post by Jonathan L. Kennedy
When you have a new invention, the right question to ask at the outset is whether you want to consider patenting it. This is important because many common activities in research and commercialization can create a bar to patent protection or at least start a one-year clock by which a patent must be filed. Some of these common activities include presenting or publishing on the technology, testing the techn.......
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Can Competitors Use Your Trademarks in their Webpages or as AdWords to Drive Business to their Webpages?
December 28, 2018
Post by Mark D. Hansing
Mark D. Hansing The article below discusses state of the law regarding competitors using your trademarks in their advertising or web pages, or competitors purchasing your trademarks as what are called “AdWords” or "keywords" so that your competitor’s website comes up higher in a search engine search when people use your trademarks as search terms. The Problem Many of our clients are rightfully concerned a.......
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Light at the End of the Tunnel? Expanding Concepts of What is Patentable Subject Matter
December 26, 2018
Post by Patricia A. Sweeney - Of Counsel
Justice Warren Burger in the seminal case of Diamond v. Chakrabarty found that Congress had intended patentable subject matter to “include anything under the sun that is made by man,” holding that an engineered bacterium used in treating oil spills was patentable. Diamond v. Chakrabarty, 447 US 303 (1980). Yet interpretation of subsequent decisions on what is patentable by the US Patent Office has been c.......
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The Rollercoaster Ride of Gene Therapy
December 21, 2018
Post by Oliver P. Couture, Ph.D.
Gene therapy has had several ups and downs since the idea of editing genes for therapy was first published in 1972. While there have been several instances of successful attempts of treatment in humans, there have also been cases failures which have, at times, temporarily halted clinical studies. One of the main issues with gene therapy has been the targeting of the molecular machinery to where it is needed .......
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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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