Pluots & Apriums & Plumcots, Oh My!

By Brian D. Keppler, Ph.D.

You’ve likely seen them in grocery stores, but what is a pluot anyway? And an aprium? And then how are those different than a plumcot? All of these terms refer to hybrids within the genus Prunus, specifically a plum (Prunus salicina) and an apricot (Prunus armeniaca). Plumcots (which are also called apriplums) are 50/50 hybrids […]

Highly Respected Intellectual Property Attorney Kevin M. Kercher Joins McKee, Voorhees & Sease, PLC

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MVS is excited to announce that Kevin M. Kercher, a highly experienced and successful patent attorney, has joined the firm. Kevin, who is a registered patent attorney,  will be bringing his significant engineering and intellectual property experience to serve clients in a number of industry and university sectors. Kevin’s vast experience includes preparation and prosecution […]

SUPREME COURT DENIES USPTO ATTORNEY FEES UNDER 35 USC 145

By Kirk M. Hartung

On December 11, 2019, the US Supreme Court ruled against the US Patent & Trademark Office’s recent practice of demanding its attorney fees for patent applications appealed to the U.S. District Court, regardless of whether the Patent Office won or lost.  See Peter v. Nantkwest, Inc., No. 18-801. 35 U.S.C. 145 provides that a patent applicant dissatisfied […]

The Verdict is In – Implications on the Supreme Court Ruling Regarding Attorney’s Fees

By Blog Staff

The United States Supreme Court unanimously ruled on December 11, 2019, that the United States Patent and Trademark Office (USPTO) cannot demand repayment of attorney’s fees in district court proceedings brought under 35 U.S.C. § 145. For a summary of the arguments presented during oral arguments, see the author’s previous post here. The opinion written […]

“T” is for Tesla and Trademark

By Sarah M.D. Luth

Elon Musk recently revealed that his company “Tesla” was almost branded “Faraday.” On December 1, Musk tweeted “Tesla was almost called Faraday, as [the] original holder of Tesla Motors trademark refused to sell it to us!” When another Twitter user asked how Tesla eventually got the rights to the name, Musk responded “We sent the nicest […]

Update from the AIPLA Biotech Committee Meeting

At the recent American Intellectual Property Law Association (AIPLA) conference the AIPLA Biotechnology Committee met to discuss two biotechnology issues: 35 USC 101 legislation and treatment of genetic resources (GR) and traditional knowledge (TK). Bob Stoll, former Commissioner for Patents at the USPTO and member of AIPLA’s 101 taskforce led the 101 discussion as part […]

T-Mobile Asserts Charitable Startup Lemonade Infringes Magenta Mark

By Gregory Lars Gunnerson

National Public Radio (NPR) reports T-Mobile has sent a cease and desist letter to startup Lemonade. For those unfamiliar with Lemonade, Lemonade is a public benefit corporation quickly growing in popularity, particularly with millennials, because the company donates all unclaimed money to charities of the policyholder’s choice. T-Mobile asserts Lemonade’s use of a color allegedly similar […]

Update from the AIPLA Biotech Committee

At the recent American Intellectual Property Law Association (AIPLA) conference, the AIPLA Biotechnology Committee met to discuss two biotechnology issues: 35 USC 101 legislation, and treatment of genetic resources (GR) and traditional knowledge (TK). Bob Stoll, former Commissioner for Patents at the USPTO and member of AIPLA’s 101 taskforce, led the 101 discussion as part […]

Generic.com: SCOTUS to Consider Whether a Top-Level Domain Creates a Protectable Trademark

By Nicholas J. Krob

Much to the chagrin of companies such as Bayer, DuPont, Westinghouse, and Motorola—former owners of trademark rights in, respectively, the terms “aspirin,” “cellophane,” “laundromat,” and “flip phone”— U.S. law does not protect terms that identify the general nature of a product or service itself rather than the source thereof, or “generic” terms, as trademarks.  What […]

IP Post-Brexit: What Does the “FEUture” hold?

By Julie L. Spieker

On December 12, the United Kingdom (UK) will hold a general election, in which Prime Minister Boris Johnson hopes to secure a clear majority so as not to lose the prospect of Brexit after failing to leave the European Union (EU) by the end of October as previously promised. Currently, Johnson enjoys a healthy lead […]