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Federal Circuit Offers Guidance on the Legal Standard for CBM Patents
July 18, 2018
Post by Blog Staff
On July 11, 2018, in Apple Inc. v. ContentGuard Holdings, Inc., the United States Court of Appeals for the Federal Circuit (CAFC) clarified what the proper legal standard is for determining whether a patent qualifies as a covered business method (CBM) patent. The CAFC vacated and remanded a decision made by the Patent Trial and Appeal Board (PTAB) in which it held that a patent relating to a digital righ.......
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10 MONTH CONVERSION DEADLINE?? New Bayh Dole Regulations a Trap for the Unwary
July 18, 2018
Post by Heidi S. Nebel
Under the Bayh-Dole Act, businesses and nonprofit organizations that receive federal government funding, such as the National Institutes of Health (NIH), the United States Department of Agriculture (USDA), or Small Business Innovation Research (SBIR) grants, may retain ownership of inventions and patent applications that have been made with such funding. The requirements to retain ownership include: .......
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AIAA Presents 2017 Daniel Guggenheim Medal to Inventor Paul M. Bevilaqua
July 18, 2018
Post by Gregory "Lars" Gunnerson
The American Institute of Aeronautics and Astronautics (AIAA) chose to honor Paul M. Bevilaqua by presenting him with the 2017 Daniel Guggenheim Medal. The Daniel Guggenheim Medal was established in 1929 for the purpose of honoring persons who make notable achievements in the advancement of aeronautics. The Medal is jointly sponsored by the AIAA, American Society of Mechanical Engineers (ASME), Society o.......
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The "Sweet and Musky" Smell of Play-Doh: Hasbro Awarded Non-Traditional Trademark
July 13, 2018
Post by Nicholas J. Krob
When you think of trademarks, what comes to mind? Is it golden arches atop a fast food restaurant? Perhaps the image of a partially-eaten apple emblazoned on the back of a phone or computer? Or maybe it’s the scent of sweet, slightly musky, vanilla fragrance, with slight overtones of cherry, combined with the smell of a salted, wheat-based dough? If one of those seems unlike the others to you, you’re not.......
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Federal Circuit Addresses Patentability in Terms of Non-Statutory Subject Matter
July 13, 2018
Post by Blog Staff
On June 20, 2018, in In re Wang, the United States Court of Appeals for the Federal Circuit (CAFC) held that patent application claims describing a phonetic symbol system were not patentable because it was directed to non-statutory subject matter. Patentable subject matter is laid out in 35 U.S.C. § 101, which states that patentable inventions must be a “process, machine, manufacture, or composition of m.......
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CRISPR Technologies: Overcoming Patentability Challenges in an Increasingly Difficult Patent Landscape
July 05, 2018
Post by Sarah M. Dickhut
The term “CRISPR,” which is an acronym for Clustered Regularly Interspaced Short Palindromic Repeats, generally refers to RNA-guided genome editing technology used to engineer the genetic material of organisms with high accuracy and precision. It has wide applications in a variety of fields including genetics, biology, agriculture, medicine, and digital data storage, to name a few. More specifically, CRI.......
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Patent Owners can Recover for Lost Foreign Profits
July 03, 2018
Post by Blog Staff
On June 22, 2018, in WesternGeco, LLC v. ION Geophysical Corporation, the Supreme Court held that patent owners can recover for lost foreign profits based on 35 U.S.C. § 271(f)(2). The statute states that “[W]however without authority supplies or causes to be supplied in or from the United States any component of a patented invention ... intending that such component will be combined outside of the Unite.......
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Inter Partes Review Proceedings (IPRs) Survive First Constitutional Challenge, But Court Opinion Opens Door to Further Challenges
July 02, 2018
Post by Jonathan L. Kennedy
On April 24, 2018, I had posted regarding the U.S. Supreme Court being held in a 7-2 decision (Justice Gorsuch and Chief Justice Roberts dissenting),Oil States Energy Servs. v. Greene’s Energy Group, LLC, that the Inter Partes Review proceedings, commonly referred to as IPRs, do not violate Article III or the Seventh Amendment of the U.S. Constitution. The Court was deciding two primary constitutional ch.......
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Copyright Office Proposes New Fee Schedule
June 28, 2018
Post by Brandon W. Clark
The Copyright Office recently announced a new proposed fee schedule that would increase the majority of fees associated with filings at the Copyright Office. The proposal comes after an extensive assessment performed by consultants Booz Allen Hamilton. The proposed fee increase would help the Copyright Office offset regular costs, while also providing the Copyright Office additional resources to moderniz.......
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Farm Bill Amendments to Enable CBD Oil and Hemp Industry
June 28, 2018
Post by Cassie J. Edgar
On June 27th, the Senate published the latest version of amendments to the Farm Bill which contain updates to the regulatory framework for hemp and derived products including CBD (cannabidiol) oil. Cannabidiol oil has documented health benefits such as effectiveness in treating certain types of seizures, and the U.S. Department of Health and Human Services holds a patent to the use of  cannabinoids .......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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