USPTO Proposes New Rules that Would Create a New Design Patent Practitioner Bar

By Joseph M. Hallman

On May 16, 2023, the USPTO published proposed rules that provide for the creation of a new design patent practitioner bar. The proposed design patent practitioner bar would provide for a new designation of practitioner able to practice before the USPTO. This newly proposed designation allows individuals to be classified as design patent practitioners wherein […]

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Gilead Defeats Federal Government Lawsuit Alleging Patent Infringement for HIV Prevention Drugs

By Julie L. Spieker

On Tuesday, May 9, 2023, a jury found that Gilead did not infringe on three patents held by the federal government, and furthermore, that the patents at issue are invalid. The government was seeking more than $1 billion in damages related to the sale of Truvada and Descovy for an HIV prevention regimen call pre-exposure […]

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Federal Circuit Affirms Non-Infringement in Cannabis Extraction Patent Dispute

By Brian D. Keppler, Ph.D.

In a recent decision, the Federal Circuit affirmed a non-infringement ruling in a case involving Canopy Growth Corporation and GW Pharmaceuticals, two major players in the cannabis industry. At issue was Canopy’s U.S. Patent No. 10,870,632, which covers a method of extracting cannabinoids from cannabis using carbon dioxide (CO2) in liquefied form under subcritical pressure […]

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American Bar Association Announced Data Breach, More Than 1 Million Accounts Impacted

By Sarah M.D. Luth

The American Bar Association (ABA) announced on April 21 that it experienced a data breach in March 2023, resulting in the exposure of over 1.5 million member accounts. According to the ABA, an unauthorized user accessed its systems between February 28 and March 2, 2023, gaining access to member account information, including names, contact information, […]

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Celebrating World Intellectual Property Day 2023

By Richard Marsolais

McKee, Voorhees & Sease, PLC is proud to support World Intellectual Property Day on April 26, 2023. This day celebrates the role intellectual property rights play in encouraging innovation and creativity and the many inspiring inventors and creators around the world who are working to provide for a better tomorrow. The theme for this year’s […]

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Court Battles in U.S. End for AI Inventorship

By Kirk M. Hartung

On April 24, the U.S. Supreme Court  declined to accept the case to consider the question of whether artificial intelligence can be the named inventor on a patent application. Dr. Stephen Thaler, who filed two patent applications in 2019 naming his computer (whom he calls “DABUS”) as the sole inventor, had petitioned the Supreme Court […]

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First-Time Patent Filer? The USPTO Wants to Make You Special

By Melissa M. Mitchell

As part of ongoing efforts to create a more equitable and diverse patent system, last month the USPTO and its Council for Inclusive Innovation (CI2) announced the First-Time Filer Expedited Examination Pilot Program. The goal of the program is to increase accessibility to the patent system for inventors who are new to the patent process. […]

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Will the Supreme Court Finally Clarify Patent Eligibility?

By Ashley E. Holland

To be eligible for a patent, an invention must be a “useful process, machine, manufacture, or composition of matter.” However, in recent years, the U.S. Supreme Court has narrowed the scope of patent eligibility. In the landmark cases Mayo Collaborative Services v. Prometheus Laboratories, Inc. (2012) and Alice Corp. v. CLS Bank International (2014), the […]

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Iowa Governor Signs into Law Comprehensive Consumer Privacy Law

By Sarah M.D. Luth

On March 28, 2023 Iowa Governor Kim Reynolds signed into law Senate File 262 (SF 262). SF 262, scheduled to go into effect January 1, 2025, makes Iowa just the sixth U.S. state to pass a comprehensive state privacy law. The new law is a “global” consumer rights privacy law focused largely on general consumer […]

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Stealing Home: MLB Attempts to Trademark “Boston,” “Houston,” and “Seattle”

By Nicholas J. Krob

Boston. Houston. Seattle. What comes to mind? The Boston Red Sox, Houston Astros, and Seattle Mariners? Major League Baseball sure hopes so. Last week, the MLB filed federal trademark applications for “Boston,” “Houston,” and “Seattle” with the USPTO on behalf of the aforementioned teams. Naturally, this raised some eyebrows. How can a baseball league or […]

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