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Reflections on Intellectual Property and Plant Breeding since 1924

By Heidi Sease Nebel

MVS is celebrating 100 years of creating, protecting and enforcing Intellectual Property (IP) Rights for our clients.    We share this milestone with another organization that acts as an  advocate for strong IP rights, the International Seed Federation.  Founded in 1924 as well, the International Seed Federation’s mission is to “To create the best environment […]

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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 […]

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Andrew Morgan Joins McKee, Voorhees & Sease, PLC

MVS is excited to announce Andrew Morgan has joined MVS as a Senior Associate Attorney in the Trademark, Copyright and Litigation Practice Groups. Andrew primarily practices in the areas of Trademark and Copyright Law and has unique experience in color trademark enforcement and litigation. With his background and deep understanding of these areas, we are […]

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The Long-Standing Rosen-Durling Test used to Assess Nonobviousness of Design Patents is OVERRULED

By Gregory Lars Gunnerson

The long-standing Rosen-Durling test used to assess nonobviousness of design patents required a primary reference must be “basically the same” as the challenged design claim, and further that any secondary references must be “so related”. The Federal Circuit had never considered the merits of the Rosen-Durling test. Hearing LKQ Corp. v. GM Glob. Tech. Operations […]

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FTC Issues Rule Banning Non-Competes

By Nicholas J. Krob

Last week, the Federal Trade Commission’s “Non-Compete Clause Rule” was published in the Federal Register. This rule, which was issued last month and is set to come into effect on September 4, 2024, will have significant implications in terms of non-compete clauses and corresponding contracts if adopted. At their most basic level, non-compete clauses are […]

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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 […]

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Vanessa Lancaster, Ph.D., Joins McKee, Voorhees & Sease, PLC

MVS is excited to announce that Vanessa Lancaster, Ph.D., has joined MVS as Senior Counsel and Patent Attorney in the Biotechnology and Chemical Practice Group. Vanessa is a registered Patent Attorney with over 14 years’ experience prosecuting patents in all areas of the life sciences including medical and agricultural technologies such as transgenic organisms, molecular […]

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Firefly Petunia: A Glow in the Dark Plant

By Brian D. Keppler, Ph.D.

Plants that glow in the dark, once only in the realm of science fiction, are now set to become a reality for all with the introduction of the Firefly Petunia from Light Bio. The science behind these glowing plants, first detailed in a 2020 publication in Nature Biotechnology, utilizes a bioluminescence pathway from Neonothopanus nambi […]

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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 […]

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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 […]

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