Behind the Scenes of the J.E.M. Ag Supply, Inc., v. Pioneer Hi-Bred International, Inc. Supreme Court Arguments By Heidi Sease Nebel I had the privilege of being involved in the seminal U.S. Supreme Court case that held that utility patents are properly available for plant varieties, J.E.M. Ag Supply, Inc., v. Pioneer Hi-Bred International, Inc., 534 U.S. 124 (2001). My father, Ed Sease, a named partner of our firm and a career intellectual property (IP) litigator, […] Continue Reading →
Bayh-Dole March-In Rights in a Post Chevron World By Charles P. Romano, Ph.D. The bipartisan Bayh-Dole Act of 1980 which transferred ownership of patents arising from US government funded research to universities has yielded a remarkable return on investment. In its 44 years of existence, Bayh-Dole has led to over $1.3 trillion in U.S. economic growth and over 4.2 million jobs. Products ranging from pharmaceuticals Allegra, Lyrica, and […] Continue Reading →
Plant Breeder’s Rights In Africa: A Personal Story By Heidi Sease Nebel I am freshly back “in country” from Accra, Ghana; and the sights, the sounds, and the frenzy of Africa still linger with me. My trip was a personal and professional highlight, as I was honored to be an invited faculty member at a joint conference between the USPTO, UPOV and ARIPO on the benefits and […] Continue Reading →
USPTO Introduces Proposed Rule Regarding Terminal Disclaimer Practice By Joseph M. Hallman On May 10, 2024, a proposed rule, introduced by the United States Patent and Trademark Office (USPTO), regarding the use of terminal disclaimers to obviate nonstatutory double patenting rejections was published in the Federal Register. A double patenting rejection can arise when two applications, or an application and an issued patent, have some commonality of […] Continue Reading →
What’s in a Name? Understanding the Federal Seed Act and USDA Variety Name Clearance Program By Melissa M. Mitchell The name of a plant variety is not just a label; it’s a representation of years of research,development, and distinct characteristics. Variety names serve as a crucial communication toolamong farmers, researchers, distributors, and consumers. Whether it’s a new soybean cultivarresistant to common diseases or a high-yield wheat variety, the name is the first point ofreference […] Continue Reading →
The Game-Changing Golf Bag Stand: A Catalyst for Business Deal Making By Jacob S. Blackford Did you know that the original patent for a golf bag stand was issued to inventor Talbert Dick in 1928? Talbert would go on to be the founder of the firm that today is known as McKee, Voorhees & Sease, PLC. In the realm of business, where every handshake counts and every meeting holds potential […] Continue Reading →
Copyleft or Copyright: Exploring Copyright Protections of Memes By Ashley E. Holland Memes have been ubiquitous with internet culture for decades now. In the context of the internet, memes often take the form of images, videos, phrases, or concepts that are shared and remixed by users. They can be humorous, satirical, or convey a particular message or emotion. Memes often are best at communicating a shared experience […] Continue Reading →
Women in Law – MVS Leads the Way! By Jill N. Link, Pharm.D. March 8th is International Women’s Day. This day is meant to both celebrate women’s achievements while raising awareness about challenges faced by women and taking action to drive gender parity. At McKee Voorhees and Sease (MVS) we are always eager to recognize the achievements of women – the inventors and creators we proudly represent, the […] Continue Reading →
Sycamore Brewing versus Stone Brewing Over “Keep it Juicy” Phrase on Packaging By Ashley E. Holland Stone Brewing might have to change its marketing and packaging around its popular Hazy IPA beer. On April 21, The District Court for the Western District of North Carolina granted Sycamore Brewing’s request for Stone Brewing to stop using the phrase “keep it juicy” on their boxes of Hazy IPA beer. This case centered on […] Continue Reading →
The Great Dichotomy: Patent Protection vs. Regulatory Approval By Cassie J. Edgar As a scientist in discovery mode, the primary focus is often on points of novelty and seeking patent protection for the invention. The supporting data in the patent application serves as proof that this is a unique innovation, has never been seen before, and overcomes key challenges. However, when the product is regulated, converse arguments […] Continue Reading →