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COVID-19 VACCINE IP WAIVERS AND PLATFORM PATENTS

By Charles P. Romano, Ph.D.

The recent announcement by US Trade Representative Katherine Tai that the “US supports the waiver of IP protections on COVID-19 vaccines to help end the pandemic” has led to concern over the potential scope and effect of such waivers. Forced disclosure of trade secrets related to vaccine manufacturing processes has generated the most concern since […]

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Walmart “Tryin’ to Break Me Down”: Retail Giant Opposing Kanye West’s Yeezy Trademark 

By Nicholas J. Krob

As Kanye West once rapped, “We at war with terrorism, racism, but most of all, we at war with ourselves.” Well, now he can add Walmart to that list. Last December, Kanye West’s apparel brand Yeezy, LLC filed a trademark application for a logo “consist[ing] of eight dotted lines . . . arranged at equal […]

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Who is on the IP naughty list this year?

Every year the Office of the U.S. Trade Representative (USTR) releases two lists of countries that have concerns surrounding their intellectual property (IP) laws and enforcement and may provide insight if considering filing an application in a certain country. These two lists are the Special 301 Report and the Notorious Markets List, available here. The […]

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Clearly using “clear” for Non-Transparent Goods is Deceptively Misdescriptive.

By Julie L. Spieker

Dolce Vita Footware, Inc. sought registration of the mark CLEAR for various bags, purses, wallets, and card cases – excluding transparent goods. The Examiner refused registration on the grounds that it is deceptively misdescriptive and on April 29, 2021 the Trademark Trial and Appeal Board (the “TTAB”) affirmed. In its original registration, Dolce Vita identified […]

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MVS Supports World Intellectual Property Day 2021

By Richard Marsolais

McKee, Voorhees & Sease, PLC is proud to support World Intellectual Property Day on April 26, 2021. This day celebrates the role intellectual property rights play in encouraging innovation and creativity and the many inspiring inventors and creators around the world who are working to provide for a better tomorrow. The event was established by […]

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Federal Circuit reiterates the principle that when a § 103 rejection is based on a single prior art reference, the reference must be self-enabling in order to render the claimed invention obvious

By Joseph M. Hallman

On April 16, 2021, in Raytheon Technologies Corp. v. General Electric Co., the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) reversed a decision by the Patent Trial and Appeal Board (“PTAB”) regarding unpatentability due to obviousness under 35 U.S.C. § 103. In its decision, the Federal Circuit made clear that when […]

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Inherent anticipation – Is the phenotype exhibited by a transgenic plant an inherent feature?

By Brian D. Keppler, Ph.D.

A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference. If a prior art reference expressly sets forth each of the elements of a claim, then there is typically little question of whether or not the […]

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Pending Opposition Case with the EPO Raises Caution Over Generalized Assignment Language Within Employment Agreements

By Tina G. Yin Sowatzke, Pharm.D.

The year 2020—and now 2021—has been a busy year for the European Patent Office (EPO) as it works through several oppositions and appeals involving a number of CRISPR patents belonging to The Broad Institute, Inc., Harvard College, and the Massachusetts Institute of Technology (hereinafter “Patentee”). The EPO Boards of Appeal has already revoked a patent […]

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Supreme Court Sides with Google in Major Copyright Case

By Brandon W. Clark

On Monday, the Supreme Court handed Google a win in a long-standing copyright dispute over the software used in the Android mobile operating system. The case dates back to 2005, when Google included roughly 11,500 lines of code from an Application Programming Interface (API), a tool that allows software applications to more easily communicate by […]

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MVS Collaborating with BioConnect Iowa on the Iowa Go-To-Market (G2M) Accelerator Program

By Richard Marsolais

MVS is pleased to announce that we are working with BioConnect Iowa, an organization dedicated to accelerating the growth of Iowa’s bioscience sector, on the Iowa Go-To-Market Accelerator Program. The Iowa Go-To-Market (IowaG2M) Accelerator Program, a partnership between BioConnect Iowa, the Iowa State University Startup Factory, and VentureNet Iowa, seeks to provide follow-on support for […]

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