priority

Immigration Reform to be Delayed

November 13, 2008 19:08

We have spoken to clients and written about the slim chances of having an immigration reform early into the upcoming Obama administration.  The Wall Street Journal has an article which analyzes the consequences of the changes in Congressional seats as a result of the recent election and how it may ...

Federal Circuit clarifies burdens of proof when priority to earlier application is contested

McKee, Voorhees & Sease PLC
November 11, 2008 15:09

In a recent decision, the Federal Circuit affirmed a district court's determination that the asserted claims of a patent were not entitled to the effective filing date of the earliest application in a chain of four applications, and that as a result the claims were anticipated by intervening prior...

Ninth Circuit: Trademark claim over use in video game stripped away by First Amendment

McKee, Voorhees & Sease PLC
November 07, 2008 21:15

In a decision Wednesday, the Ninth Circuit affirmed a district court's grant of summary judgment that the producer of Grand Theft Auto: San Andreas had a First Amendment defense against a claim of trademark infringement.  The plaintiff owns a strip club known as the "Play Pen" on...

BPAI: 102(e) art can be effective prior art as of provisional priority date

McKee, Voorhees & Sease PLC
October 29, 2008 21:06

In a decision recently designated precedential, the Board of Patent Appeals and Interferences considered the question of whether a reference that is prior art under § 102(e) is prior art as of its provisional priority date or the actual filing date of the reference.  In affirming the...

How Much Will My Chapter 13 Plan Payment Be?

October 24, 2008 03:51

One of the first questions most of my Chapter 13 bankruptcy clients ask is, “How much will I have to pay the Chapter 13 bankruptcy Trustee?” The answer isn’t always simple. Generally speaking, there are four primary ways this payment is determined. First is the “Chapter 7...