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Tracking the Mayo Effect: Study Examines Personalized Medicine Patent Applications after SCOTUS Decision

The US Supreme Court decided Mayo Collaborative Servs. v. Prometheus Labs. in 2012, effectively redefining the scope of patent eligible subject matter, particularly with respect to biotechnology and personalized medicine. Subsequent decisions by the Court in Myriad and Alice have confirmed what many prognosticators had predicted: a wide-spread broadening of the judicially-created exceptions to patent […]

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Do I have a trade secret, confidential information or patentable subject matter? (Part 5 of Trade Secret Series)

In this fifth installment of the Filewrapper┬« series on trade secrets we begin to dive into the differences between confidential information, a trade secret and patentable subject matter. Here is a hint—they are not mutually exclusive. Moreover, the decision to should protect an asset as a trade secret as opposed to a patent may be […]

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PTAB’s Interpretation of 35 USC 315(b) Continues to Stand: Dismissal Without Prejudice Effectively Nullifies the One Year Bar to Bring an IPR

The USPTO’s Patent Trial and Appeal Board’s holding that the voluntary dismissal of a lawsuit, without prejudice, effectively nullifies the service of the complaint for purposes of triggering the one year bar in 35 U.S.C. ┬ž 315(b) to petition for the institution of an inter partes review (IPR) stands in Shaw Indus. Grp. v. Automated […]

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“Unavailable” Joint Inventor after the America Invents Act

All applications for United States patent must include an oath or declaration signed by each inventor. The oath or declaration must be furnished to the United States Patent and Trademark Office no later than the date on which the issue fee is paid, but preferably on the same day as the non-provisional application is filed to […]

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Happy National Agriculture Day

March 14-18 is National Agriculture Week and today March 15th is National Agriculture Day. The law firm of McKee, Voorhees & Sease wishes to take this opportunity to recognize the dynamic and innovative agriculture industry. Being located in Des Moines, Iowa allows us to see day in and day out the advancements in the agricultural […]

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Federal Circuit Recognizes Patent “Agent”Privilege

The attorney-client privilege has not previously been extended to cover communications between U.S. patent applicants and non-attorney patent agents. That is about to change. In a recent decision, In re: Queen’s University at Kingston, the Federal Circuit recognized that communications between U.S. patent applicants and non-attorney patent agents should receive some degree of privilege. In […]

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Does Spotify Owe You Money? Streaming Service Sued for $150 Million in Unpaid Royalties

David Lowery, the frontman of Cracker and Camper Van Beethoven, has recently filed a class action lawsuit seeking at least $150 million dollars in damages against Spotify. Lowry alleges Spotify knowingly, willingly, and unlawfully reproduces and distributes copyrighted compositions without obtaining mechanical licenses. According to the complaint, which was filed December 28th in the Central […]

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Trademark Searching: The Not-So-Glamorous, Yet All-Too-Important Step in Brand Identification

When you are in the process of branding your company, products, or services, the idea of trademark searching can sound boring and maybe even appear to be an unnecessary expense. However, a proper trademark search can prevent the stress and costs of rebranding and defending a possible law suit, which can be in the realm […]

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Intellectual Property Protection Options for Software

In a previous blog post, I discussed some of the recent updates issued by the United States Patent and Trademark Office regarding patent eligible subject matter and software patents. As anyone who deals with software patents is aware, there is a lot of uncertainty as to whether software is patent eligible subject matter. While the […]

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Intellectual Property Protection Options for Software

In my last blog post, I discussed some of the recent updates issued by the United States Patent and Trademark Office regarding patent eligible subject matter and software patents. As anyone who deals with software patents is aware, there is a lot of uncertainty as to whether software is patent eligible subject matter. While the […]

Continue Reading →

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