Public Service Announcement — USPTO Implements New Deadlines to Respond to Office Actions for Trademark Applications and Registrations
By Gregory Lars Gunnerson
As of Saturday, December 3, 2022, trademark applicants will have three months (with a possible three-month extension) to respond to an Office action issued during the examination of a trademark application at the United States Patent and Trademark Office (USPTO) instead of the current six months. A similar timeline for responding is already employed by […]
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The Supreme Court Agrees to Review Jack Daniels Dog Toy Case
By Ashley E. Holland
November 21st, the Supreme Court agreed to hear a trademark dispute between Jack Daniel’s and the dog toy company VIP Products. VIP Products creates a dog toy line called “Silly Squeakers” which are squeaking toys that look like the Jack Daniel’s square-shaped bottle of Old No. 7 Whiskey but replace the Jack Daniel’s wording. VIP […]
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Trademarks and the First Amendment: Bars v. TV Shows
By Luke T. Mohrhauser
A recent case out of the 11th Circuit (covering AL, GA, and FL) addressed the interplay between federal trademark laws and the First Amendment of the U.S. Constitution, but in a fun setting (trust me, IP law is fun). On the one side is the trademark owner for FLORA-BAMA trademarks and properties (MGFB). For those […]
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Congressional Bill on Patent Eligibility Receives Judicial Support
By Kirk M. Hartung
Proposed legislation to fix the patent eligibility mess has been endorsed by two retired judges from the Federal Circuit Court of Appeals, former chief judge Paul Michel and former judge Kathleen O’Malley. The bipartisan legislation, introduced in August and entitled The Patent Eligibility Restoration Act, is co-sponsored by Senator Thom Tillis (R – N.C.) and […]
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MVS Wins Trademark Case at the 8th Circuit Court of Appeals
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MVS is pleased to announce that the Eighth Circuit affirmed Tuesday a lower court ruling, in our client’s favor, that threw out Pocket Plus’s trademark suit against Running Buddy over a competing waistband pouch, agreeing that the asserted trade dress is functional and thus not protected by trademark law. The three-judge panel’s published opinion upholds […]
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WIPO issues the Green Technology Book
By Jill N. Link, Pharm.D.
Today WIPO (World Intellectual Property Organization) released a digital resource called The Green Technology Book. The reference provides a 2022 report of technology trends and solutions for combating climate change. It further addresses how the intellectual property system can assist in adapting for climate change. This intersection of green technology and intellectual property provides practical […]
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US Supreme Court Agrees to Review Patent Enablement Case
By Julie L. Spieker
Last Friday, the Supreme Court accepted Amgen’s request to review Section 112 of the Patent Act and consider how much a patent specification must disclose to meet enablement requirements. Specifically, the Court will review whether a patent must disclose enough information for the skilled artisan to “reach the full scope” of the claims, or whether […]
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Luke T. Mohrhauser to be the Next Managing Member of MVS
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We are excited to announce that Luke T. Mohrhauser has been elected to be the next Managing Member of McKee, Voorhees & Sease, PLC., succeeding Heidi S. Nebel. Luke’s term begins on January 1, 2023. “I am honored to have been chosen by my fellow Members to be the next leader of MVS,” said Luke. […]
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Federal Circuit clarifies rules regarding patent term adjustment
By Joseph M. Hallman
Last month, in Sawstop Holding LLC v. Vidal, the Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed two decisions by the District Court of the Eastern District of Virginia regarding patent term adjustment (“PTA”) for two patents owned by Sawstop Holding LLC (“Sawstop”). In both decisions the District Court granted summary judgement in […]
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Genetically Modified Purple Tomatoes
By Brian D. Keppler, Ph.D.
Purple tomatoes developed by Norfolk Plant Sciences in the UK may be coming to grocery stores in the not too distant future. Last month, USDA APHIS announced that, from a plant pest risk perspective, the purple tomato may be safely grown and used in breeding in the US. The purple color of the tomato is […]
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