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Sioux Falls inventor files one millionth electronic trademark application with USPTO
January 10, 2007
Post by Blog Staff
The USPTO recently received the one millionth trademark application filed electronically via its TEAS system. It took just under ten years for the one millionth electronic application to be filed, as the TEAS system first became available in November, 1997. The applicant, Donald Junck of Sioux Falls, South Dakota, was flown out to the USPTO in Alexandria, Virginia, and will take part in a commemoration ceremony .......
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"Use in commerce" not necessary to support trademark opposition, just use in the United States
January 09, 2007
Post by Blog Staff
The Federal Circuit, reversing the Trademark Trial and Appeal Board ("TTAB"), found that a Canadian company who arguably only did business in Canada could oppose a trademark application based on "spillover" use of its unregistered trademark in the United States. The Canadian company, First Niagara Insurance Brokers, opposed several trademark applications filed by a United States company, First.......
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"Bare Licensee" Lacks Standing to Sue for Infringement
January 09, 2007
Post by Blog Staff
In Propat International Corp & David Find and Helene Glasser ("Propat") v. RPsot International Limted, Zafar Khan, Kenneth Barton and Terrance Tomkow ("Rpost"), the Federal Circuit affirmed the district court's decision that Propat lacked standing to sue for infringement and, on the cross-appeal, affirmed the district court's order denying RPost's request for an award of fees and costs. At issue wa.......
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Supreme Court: patent licensee need not cease royalty payments to challenge patent's vaildity
January 09, 2007
Post by Blog Staff
Today the Supreme Court decided MedImmune v. Genentech, a case about the power of federal courts to decide issues related to patent infringement and validity when one party to the dispute is currently licensing the patent from the other party. In an 8-1 decision, the Court held that a licensee need not stop paying royalties, thereby breaching the license agreement, in order for courts to have jurisdiction to con.......
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Anheuser-Busch and Budvar reach agreement, but trademark fights continue
January 09, 2007
Post by Blog Staff
United States brewer Anheuser-Busch, maker of Budweiser beer, has reached an agreement with Czech brewer Budejovicky Budvar, to distribute Budvar's Czechvar lager. This agreement is interesting because the two companies have been involved in trademark disputes around the world over which company has the right to use the name "Budweiser." Budvar's beer is sold as Budweiser Budvar in several coun.......
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MIT Offers Free Course Materials on United States Copyright Law
January 05, 2007
Post by Blog Staff
The Massachusetts Institute of Technology (MIT) is offering an introductory course to Copyrights via its OpenCourseWare website. The website describes the course as "an introduction to copyright law and American law in general." Topics covered include: 1) Structure of federal law 2) Basics of legal research 3) Legal citations 4) How to use LexisNexis? 5) The 197.......
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Celebrities are inventors too
January 04, 2007
Post by Blog Staff
Inventors come from all walks of life, so it shouldn't be a surprise that celebrities are inventors also. One blogger used the new Google patent search to search for famous names as inventors of patents. Click here for the list of patents he discovered. Figures from a few of my favorites after the jump. Click on the images see the full patent (and the inventor). ....
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Speculation not required: IP litigation in 2006 produced $3.4 billion
January 04, 2007
Post by Blog Staff
Contrary to the statement in the previous post, apparently speculation is not required to determine the amount of money that changed hands as a result of intellectual property litigation in 2006. According to a survey [subscription required to view full story] by IP Law 360, intellectual property litigation resulted in a combined $3.4 billion in settlements and judgments in 2006. This total was down from 2005, p.......
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Patent cases in 2006 result in over $1 billion in damages awarded
January 03, 2007
Post by Blog Staff
According to a study released by Bloomberg, United States juries in patent cases awarded a total of over $1 billion in damages in cases that went to jury trial in 2006, the largest single year ever. The largest award went to Rambus, a California maker of computer memory chips, who won a $307 million verdict against South Korean rival Hynix Semiconductor in April, although the verdict was eventually reduced to $13.......
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Another claim construction reversal: Claim not limited to preferred embodiment
December 29, 2006
Post by Blog Staff
In a split decision, the Federal Circuit reversed a district court's judgment of noninfringement based on error in claim construction. The patent at issue involves a machine and method that automate the staining of microscope slides used in biological assays. The district court construed the claims narrowly based on the preferred embodiment described in the patent's specification. Based on this construction, th.......
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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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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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