Can Starbucks Stop a Competitor from Using the Term “JEW BUCKS” After In re Slants?
September 24, 2018
Post by Christine Lebron-Dykeman
In 2014, SwordPen Publishers LLC filed a trademark application for the mark JEW BUCKS SMART MONEY. RICH COFFEE. for use in connection with restaurant services featuring coffee and espresso drinks. At that time the United States Patent and Trademark Office took it upon itself to stop the registration of this mark under the now defunct “disparagement clause”. In an office action issued against the applicat.......
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Post Grant Review and Inter Partes Review At a Glance
September 21, 2018
Post by R. Scott Johnson
Scott Johnson Patent Office reviews known as a Post Grant Review (PGR) or Inter Partes Review (IPR) of issued patents are constitutional, Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC, 138 S. Ct. 1365, 1370 (2018), likely to avoid some sovereign immunity challenge, Saint Regis Mohawk Tribe v. Mylan Pharm. Inc., 896 F.3d 1322 (Fed. Cir. 2018), and must thoroughly address every claim under revi.......
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Leftover Pizza? Domino’s Reheats Pizza Hut’s Invalidity Claim Against Ameranth Inc.
September 18, 2018
Post by Gregory "Lars" Gunnerson
Ameranth Inc. asserts it is a leading provider of wireless and Internet based solutions for the hospitality/gaming markets and that it has a very strong intellectual property portfolio including numerous strategic patents in technologies such as Wireless POS, Table Management, Reservations Management, Mobile Concierge, Electronic Menus, Guest Surveys, Inventory Management, Health Care Services and Enroll.......
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CRISPR: Broad Institute Holds onto its Piece of Pie, and it’s Delicious!
September 13, 2018
Post by Oliver P. Couture, Ph.D.
On Monday, September 10th, the Court of Appeals for the Federal Circuit (CAFC) upheld the decision from the Patent Trial and Appeal Board (PTAB) on the interference between the Broad Institute and the University of California. The PTAB held, and the CAFC upheld, that given the difference between prokaryotic and eukaryotic cells, one skilled in the art would not have had a reasonable expectation of succes.......
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Supreme Court to Decide Whether "Secret Sales" are Prior Art
September 12, 2018
Post by Michael C. Gilchrist - Of Counsel
Michael C. Gilchrist Prior art is any publication or activity that can be cited to find a claimed invention invalid as not new or as a merely obvious combination of existing elements. Until recently, the law had been settled that any sale (within the United States) of a product that included claimed features of an invention is prior art, even if the sale did not publicly disclose those claimed features. I.......
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Bloody Shoes: Christian Louboutin Wins Battle Over Non-Traditional Trademark
August 30, 2018
Post by Nicholas J. Krob
“These expensive, these is red bottoms, these is bloody shoes.” Does this line, from Cardi B’s breakout single “Bodak Yellow,” call to mind a particular fashion brand? If not, the following line from Lil Uzi Vert’s “The Way Life Goes” might help you out: “My Louboutins new, so my bottoms they is redder.” For over 25 years, Christian Louboutin has been a staple in popular culture, famous for its red-bottomed .......
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Shoe Wars: Nike's Use of Utility Patents Against Puma
August 22, 2018
Post by Mark D. Hansing
Mark D. Hansing The athletic shoe industry has seen many legal disputes. Intellectual property fights have included trademarks, copyrights, and design patents; all of which protect some aspect of the appearance of the shoes or the logos on the shoes.  What is interesting about the recently filed Nike Inc. v. Puma North America Inc., Case No.1:18-cv-10876, in the U.S. District Court for the District o.......
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Design Patents and Indefiniteness
August 20, 2018
Post by Luke T. Mohrhauser
Luke T. Mohrhauser             In a recent decision, the Federal Circuit addressed indefiniteness and enablement issues under 35 U.S.C. § 112 as they apply to design patent applications. In In re: Ron Maatita, the court held that two-dimensional drawings in design patents can meet the definiteness and enablement requirements under § 112, and that the .......
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Protecting Your Nanotechnology Inventions - Part 2: Defining Your Invention
August 19, 2018
Post by Jonathan L. Kennedy
Have you invented materials with improved properties, such that you can seek to protect materials having those properties? Have you invented materials with a new structure such that you can seek protection of that structure beyond your specific species of materials? Have you invented a method that can be applied to items broader than your specific application? The answers to these questions can inform yo.......
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Federal Circuit Judge Calls for a Fix to the “Abstract Idea” Mess: Part 4
August 16, 2018
Post by Kirk M. Hartung
Below you'll find the last and final post of this blog series concerning the "abstract idea". To read the previous posts, please view Part 1 of the series, Part 2 of the series, and Part 3 of the series. Prior blog posts illustrate concern from judges of the Court of Appeals for the Federal Circuit regarding the abstract idea judicial exception to § 101 patentable subject matter. In yet another deci.......
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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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