Blog Staff

MVS Announces the Retirement of Patricia A. Sweeney

Heidi S. Nebel, Managing Member of McKee, Voorhees & Sease, PLC announced that long-time attorney, Patricia A. Sweeney, will be retiring from the firm effective December 31, 2020. Pat has the distinction of being the first female patent attorney in Iowa, beginning her practice at MVS in 1985. She then joined Pioneer Hi-Bred International as […]

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Celebrating National Inventors Month – Memorial Day Edition

In celebration of Memorial Day, we conclude our recognition of National Inventors Month with a look at visionary veterans whose inventions have made an impact on our life: https://artsandculture.google.com/exhibit/visionary-veterans/2wJyMC6XAmYpJg We applaud these unique individuals for their service to our country and the impact they have left on our world. Here are some more stories that […]

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Celebrating National Inventors Month Part 2

As we continue our celebration of National Inventors Month, we thought we would take you where they recognize those people who have made an impact on society through their inventive and innovative genius.The National Inventors Hall of Fame® (NIHF) recognizes the inventors and their inventions and promotes creativity and advances the spirit of innovation and entrepreneurship. […]

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AgTech Next Now! Webinar Series

Jill Link, Chairwoman of the Licensing Practice Group, participated in the “AgTech NEXT Now! Pandemic Economics” webinar event today. The AgTech Next summit was scheduled to take place May 4-6, 2020 at the Danforth Center in St. Louis, MO. With the rescheduling of this food and agtech innovation summit, there are now a series of […]

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Celebrating National Inventors Month in May

As we celebrate National Inventors Month, we would like to thank all our clients who, through their passion and hard work have created inventions to improve our way of living. Whether you started off as a child inventing things in your parents’ basement, or as an educated researcher, trained engineer, or a problem-solving consumer, your […]

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Heidi S. Nebel Elected to the AUTM Board of Directors – AUTM Chair and Newly Elected Board Members Take Office

The Association of University Technology Managers (AUTM), a global non-profit whose members support the commercialization of academic research through intellectual property protection, start-up formation and industry-academia collaborations, has elected Heidi S. Nebel, Managing Member of MVS, to its Board of Directors. Heidi is an Intellectual Property attorney with over 25 years of experience obtaining patents […]

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MVS Working Remotely

McKee, Voorhees & Sease, is closing its physical office to ensure the health and well-being of our employees. Employees are operating remotely, and it will be business as usual in providing our clients with the outstanding service and legal counsel they have come to expect from MVS. If you have any questions, please contact us […]

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IPR Proceedings to Pre-AIA Patents is not an Unconstitutional Taking

On July 30, 2019, in Celgene Corp. v. Peter, the Federal Circuit (CAFC) held that “retroactive application of IPR proceedings to pre-AIA patents is not an unconstitutional taking under the Fifth Amendment.” A provision of the Fifth Amendment, known as the “takings clause”, provides that private property shall not “be taken for public use, without […]

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State Sovereign Immunity Does Not Apply to IPR Proceedings

On June 14, 2019 in Regents of the University of Minnesota v. LSI Corp., the Federal Circuit (CAFC) held that state sovereign immunity does not apply in inter partes review (IPR) proceedings. On appeal, the CAFC affirmed a decision by the Patent Trial and Appeal Board (PTAB) that declined to dismiss petitions for IPR proceedings […]

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CAFC’s Clarification for Using Claim Preambles as Limitation(s)

According to the United State Court of Appeals for the Federal Circuit (CAFC) precedential opinion decided on March 26, 2019, ARCTIC CAT INC. v. GEP POWER PRODUCTS, INC., the claim preamble terms, such as “A power distribution module for a personal recreational vehicle comprising” or “A personal recreational vehicle comprising”, are not limiting. Two patents […]

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How Many Patents Are Enough for a Product?

The answer to the question of course, depends on the commercial value of the product. However, it is also obvious that the commercial value of a product is closely correlated to the number of patents for its protection. The relationship between commercial value and number of patents is best illustrated by the relevant facts for […]

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It’s Better to Show that Claims Belong to an Unpredictable Art

A non-precedential opinion does not establish a new law, but usually offers good patent application drafting and prosecution tips. BASF CORPORATION v. ENTHONE, INC., came out from the Court of Appeal of the Federal Circuit (CAFC) last Friday, and reminded me of a good tip: include evidence in the record to show that the claims […]

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Post Grant Review and Inter Partes Review At a Glance

Patent Office reviews known as a Post Grant Review (PGR) or Inter Partes Review (IPR) of issued patents are constitutional, Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC, 138 S. Ct. 1365, 1370 (2018), likely to avoid some sovereign immunity challenge, Saint Regis Mohawk Tribe v. Mylan Pharm. Inc., 896 F.3d 1322 (Fed. […]

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An IPR Appellant Must Establish an Injury to Have Standing

In JTEKT Corp. v. GKN Auto. Ltd., Appeal No. 2017-1828 (Fed. Cir. Aug. 3, 2018), the United States Court of Appeals for the Federal Circuit (CAFC) dismissed an inter partes review (IPR) appeal due to lack of standing. The requirement for an appellant to establish an injury in fact remains firm. JTEKT petitioned for an […]

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Post-Grant Review of CBM Patents

A previous Filewrapper® blog post regarding the legal standard for determining whether a patent qualifies as a Covered Business Method (CBM) patent can be found here. To better understand that discussion, it may be helpful to explain the nature of a CBM patent and the process of reviewing a CBM patent post-grant, which the America […]

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Being Old Does Not Equate to Being Less Valuable

Last Friday, a Delaware federal jury awarded IBM Corp. more than $82 million after finding Groupon Inc. infringed four e-commerce patents (5,796,967; 7,072,849; 5,961,601; and 7,631,346). These patents relate generally to online customized advertisement services and so-called single-sign-on technology. The oldest patent has a priority date of July 15, 1988 and was granted on August […]

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What is an Abstract Idea?

In January of 2018, the United States Patent and Trademark Office (USPTO) published its latest revision of the Manual of Patent Examining Procedure (MPEP). With regard to patent eligibility, especially on the issue of abstract ideas, the MPEP was extensively updated. The January revision lays out a similar process as was previously used to determine […]

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Federal Circuit Offers Guidance on the Legal Standard for CBM Patents

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 […]

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ZERO-ing in on the Right Legal Test for Genericness

In Royal Crown Co. v. The Coca-Cola Co., the United States Court of Appeals for the Federal Circuit (CAFC) vacated a decision of the Trademark Trial and Appeal Board (TTAB) dismissing Royal Crown’s opposition to the registration of Coca-Cola’s trademarks for soft drinks and sports drinks with the term ZERO. The CAFC concluded that the […]

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PTAB to Consider When Conference Materials are Prior Art

In a consolidated appeal from two related Patent Trial and Appeals Board (“PTAB”) decisions, the Court of Appeals for the Federal Circuit (“CAFC”) affirmed-in-part and vacated-in-part the PTAB’s findings. The CAFC affirmed the PTAB’s conclusion that challenged claims would not have been obvious over two specific references. However, the CAFC vacated the PTAB’s determination that […]

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Federal Circuit Clarifies Means-Plus-Function Limitations

On June 1st, in Zeroclick, LLC v. Apple Inc, the United States Court of Appeals for the Federal Circuit (CAFC) vacated and remanded a district court decision that several patent claims asserted against Apple Inc. were invalid. The district court held that the claims contained means-plus-function limitations and that the specifications did not disclose sufficient […]

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In Re: Durance

In In Re: Durance, the United States Court of Appeals for the Federal Circuit (“CAFC”) vacated the Patent Trial and Appeal Board’s (“PTAB”) ruling affirming an examiner’s obviousness rejection of a patent application related to a microwave vacuum-drying apparatus and method. The CAFC remanded for consideration of the applicants’ reply-brief arguments because they were properly […]

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The Federal Circuit Limits Where Corporations “Reside”

On May 15, 2018, the United States Court of Appeals for the Federal Circuit decided In Re: BigCommerce, holding that for the purposes of the patent-specific venue statute, 28 U.S.C. § 1400(b), a domestic corporation incorporated in a state with multiple judicial districts resides only in the particular judicial district within that state where it […]

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SCOTUS to Examine Extraterritorial Infringement Liability and Damages

As a follow up to the MVS Briefs Article, “Extraterritorial Infringement Liability,” authored by Heidi S. Nebel, this blog post examines the briefing in the Western Geco LLC v. ION Geophsycial Corp. case set for oral argument before the United States Supreme Court on April 16, 2018. The question presented to the Court is “[w]hether […]

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The Broad Institute has a Patent Revoked by the EPO on Technical Grounds

The CRISPR/Cas9 landscape continues to evolve around the world. On January 17, 2018, the EPO’s Opposition Division revoked Broad’s patent EP2771468 on the grounds it lacked novelty. The revocation will not be take effect until after any appeal is heard. EP2771468 claimed priority to a US provisional application, which would have allowed the patent to […]

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Global Intellectual Property Indicator in 2017 Published by WIPO

World Intellectual Property Organization (WIPO) published its annual report, Global Intellectual Property Indicator 2017, on January 8, 2018. The report is 226 pages long and contains mostly statistics and colorful graphs. Although it is not a “must read” for everyone, it is definitely an informative resource for anyone who is in the business of creating […]

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