Filewrapper

First Draft from Congress on Section 101 Reform

By Kirk M. Hartung

 On Wednesday May 22, 2019, the Senate and House Subcommittees on Intellectual Property released for comment their initial draft of legislative reform for Section 101 of the patent statutes. The biggest focus of this proposed legislation is an abolishment of the Supreme Court’s judicially created exceptions to patent eligibility, namely, abstract ideas, laws of nature, […]

Continue Reading →

Expanded Trademark Rights for Some Hemp-Related Products and Services

By Christine Lebron-Dykeman

Following up on the May 10, 2019, MVS Filewrapper post “Big Changes Ahead for Plant Variety Protection (PVP)”, the United States Patent & Trademark Office (USPTO) has also recently issued some guidance on how the 2018 Farm Bill affect trademark applications for cannabis and CBD products. Per the guidelines issued May 2, 2019, the USPTO […]

Continue Reading →

Big Changes Ahead for Plant Variety Protection (PVP)

By Heidi S. Nebel

The United States Department of Agriculture (USDA) has been hard at work developing regulations to implement the 2018 Farm Bill. The Bill introduces unprecedented changes to the United States PVP system with respect to asexually reproduced plants and hemp. Proposed regulations to implement changes for asexually reproduced plants will soon be published for comment. Those […]

Continue Reading →

How to Prevent Theft of Your Corporate Intellectual Property in the Era of Data Privacy and Cybersecurity

By Sarah M.D. Luth

Intellectual property (IP) theft of corporate intellectual property can have significant ramifications for businesses and other entities. Corporate IP includes a variety of assets, such as patented technologies, trade secrets, copyrighted information and marketing materials, marketing and pricing plans, customer and partner data, and business reputation. IP assets play a valuable role in a business’s […]

Continue Reading →

Markman for §101 Eligibility

By Kirk M. Hartung

Patent attorneys know the importance of Markman as applied to interpret patent claims. Claim interpretation is critical to infringement and validity analysis, and often is decisive in patent litigation. It is axiomatic that claim terms be construed using the common, ordinary meaning of the words, as understood by a person having ordinary skill in the […]

Continue Reading →

Linn-Mar Student Wins 2019 MVS Agriculture Award at Invent Iowa Competition

By Gregory Lars Gunnerson

On April 15, 2019, I had the pleasure of attending the Invent Iowa 2019 Competition. Invent Iowa is hosted annually by the Belin-Blank Center of the University of Iowa’s College of Education. Invent Iowa is a competition which allows students K-8 to pitch a three-minute presentation about their inventions to volunteer judges and other students, […]

Continue Reading →

Change is Coming to Alice: Examiners with the Highest Percentage of Alice Rejections, 2014-2017

By Blog Staff

Last week, Heidi S. Nebel, Managing Member and Chair of the Biotechnology & Chemical practice group, announced our new software partnership with Juristat as an added service to our clients. Below is an article that Juristat posted regarding Alice rejections that we felt was very important to share. This insight and knowledge from Juristat coupled […]

Continue Reading →

MVS Obtains Juristat Software

By Heidi S. Nebel

Ever wonder if you have been “blessed” with a difficult Examiner? Wondered if your issue in a case has been successfully resolved in another case? Wondered if your competitors are having the same issues before the United States Patent & Trademark Office (USPTO) as you? Wondered how many cases your competitor has filed? Wondered if […]

Continue Reading →

CAFC’s Clarification for Using Claim Preambles as Limitation(s)

By Blog Staff

According to the United State Court of Appeals for the Federal Circuit (CAFC) precedential opinion decided on March 26, 2019, ARCTIC CAT INC. v. GEP POWER PRODUCTS, INC., the claim preamble terms, such as “A power distribution module for a personal recreational vehicle comprising” or “A personal recreational vehicle comprising”, are not limiting. Two patents […]

Continue Reading →

Judicial Exceptions to IP Statutes: Are They Dead?

By Kirk M. Hartung

On January 8, 2019, the U.S. Supreme Court decided a case involving the Federal Arbitration Act that could have a significant impact on patent law. The Arbitration Act, signed into law in 1925, allows parties to agree to submit disputes to arbitration, rather than litigating in court. Although, sometimes parties disagree as to whether an arbitration […]

Continue Reading →

Stay in Touch

Receive the latest news and updates from us and our attorneys.

Sign Up