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Export of Seeds Protected by Plant Breeder’s Rights: Despite Countries Enhancing Regulations, Foreign Certificates Provide More Comprehensive Protection

By Sarah M.D. Luth

Shine Muscat grapes are a premium grape variety originally developed in Japan. They are particularly desirable because they are large, seedless, and have a high sugar content. Depending on location, the grapes can cost around 6,000 yen per pound (approximately $54 USD per pound), nearly 30 times the price of average green grapes in the […]

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Your Friendly Reminder to Avoid the Temptation to Use USOPC Trademarks

By Gregory Lars Gunnerson

The race for the most gold medals during the 2020 Summer Olympics (informally “Tokyo 2020” and more formally “the Games of the XXXII Olympiad”) has now come to a close, and what a spectacle it was! Individuals, news outlets, and official Olympic sponsors are generally free to post and tweet about the games and athletes […]

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Federal Circuit clarifies the “teaches away” doctrine and the “substantial evidence” requirement when making an obviousness determination

By Joseph M. Hallman

On July 22, 2021, in Chemours Company FC, LLC v. Daikin Industries, Ltd. (“Chemours v. Daikin”), the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) reversed a decision made by the Patent Trial and Appeal Board (“PTAB”). In two inter partes reviews (“IPRs”) filed by Daikin Industries, Ltd. (“Daikin”), the PTAB held […]

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NIL and University Intellectual Property Controls

By Luke T. Mohrhauser

One issue that has not been greatly addressed with respect to student-athletes being able to monetize on their rights of publicity (i.e., name, image, and likeness – NIL) is how will universities and colleges monitor the use of their intellectual property (IP). Universities are very protective of their trademarks, copyrights, and any IP that is […]

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Bona Fide Hustlers: Apple Entitled to Cancellation of Social Tech’s MEMOJI Trademark

By Nicholas J. Krob

Following Apple’s introduction of its Memoji software in 2018, a company by the name of Social Technologies filed a lawsuit in the Northern District of California alleging trademark infringement and unfair competition. The basis for this lawsuit arose out of Social Tech’s registered MEMOJI trademark. Social Tech had filed an intent-to-use trademark application for MEMOJI […]

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US Copyright Office Issues Best Practices to Reduce Unclaimed Royalties

By Julie L. Spieker

As directed by the Music Modernization Act (“MMA”), on Thursday, July 8, 2021, the US Copyright Office (the “Office”) released a public report to recommend best practices for the Mechanical Licensing Collective (“MLC”) to effectively match copyright owners with unclaimed royalties for musical works, and ultimately reduce the incidence of unclaimed royalties. Unclaimed royalties are […]

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Dissent by Judge Newman highlights the expanding instability in the patent eligibility inquiry under § 101

By Joseph M. Hallman

On June 11, 2021, in Yu v. Apple Inc., the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed a decision by the Northern District of California dismissing a patent infringement case on the grounds that the asserted claims were invalid due to patent ineligibility under 35 U.S.C. § 101. A decision […]

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Oatly – wow no cow, yes patents

By Brian D. Keppler, Ph.D.

Oatly, the Swedish oat milk company, has been in the news recently with their initial public offering occurring just last month. Initially priced at $17, shares jumped to $22 on the first day of trading and have been as high as $29 since (which equates to a market cap of over $17 billion!). In the […]

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Increase in Trademark Applications Means Delays at the USPTO

By Brandon W. Clark

Commissioner for Trademarks, David Gooder, recently announced that a surge of trademark application filings at the USPTO has created significantly longer processing times. Gooder stated that as of June 17, 2021, new trademark applications have increased roughly 63%, or about 211,000 more applications, over the previous year. In December 2020 alone, the USPTO received 92,608 […]

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Edmund J. Sease Conceives and Coordinates Important Drake Law Review Spring 2021 Intellectual Property Special Edition Issue

By Richard Marsolais

MVS is pleased to announce that Edmund J. Sease, intellectual property attorney and named partner, conceived and coordinated the Drake Law Review Spring 2021 Intellectual Property Special Edition Issue dedicated to controversial and timely patent law topics. This publication includes articles that are authored by several prominent people in this field of law including: Honorable […]

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