The Latest From Kinney and Lange

Recent Patents | Newsletter Vol 7, Issue 1

Kinney & Lange P.A. files hundreds of new patent applications each year in a wide variety of technology areas. Below are a few recently issued U.S. patents for which the firm is listed as the legal representative.   8,856,708 “Multi-tier Field-Programmable Gate Array Hardware Requirements Assessment and Verification for Airborne Electronic Systems” 8,852,233 “Apparatus for the Correction of Skeletal Deformities” 8,812,253 “Fluid Flow Measurement with Phase-based Diagnostics” 8,884,606 “Inverted Magnetic Isolator” 8,843,348 “Engine Noise Monitoring as Engine Health Management Tool” 8,872,522 “Frequency Based Fault Detection”

SEMINAR RECAP | Newsletter Vol 7, Issue 1

Kinney & Lange held its annual Seminar on June 13, 2014 in Minneapolis, entitled “Intellectual Property: Advanced Topics for Businesses in a Changing Legal Landscape”. The Seminar covered a wide range of topics, including various intellectual property law developments at the U.S. Supreme Court, a contemporary discussion of patent trolls, and a guest panel discussion on the topics of post grant proceedings in the U.S. and opposition proceedings in Europe. A special thank you to our in-house counsel panel, pictured above from left to right, Carolyn Eckart, IP Counsel at St. Jude Medical; Andrew DeMaster, IP Counsel at The Valspar Corporation;...

FTC REACHES SETTLEMENT WITH MPHJ

■ Nicholas J. Peterka On November 6, the Federal Trade Commission and MPHJ Technology Investments LLC agreed to settle FTC charges alleging MPHJ used deceptive practices and phony legal threats. The settlement prevents MPHJ and its law firm, Farney Daniels, P.C., from making deceptive representations when asserting its patent rights, with further deceptive conduct bringing with it a penalty of up to $16,000 per misrepresentation. The settlement comes on the heels of a September ruling by the U.S. District Court for the Eastern District of Texas to dismiss a suit filed by MPHJ against the FTC. The suit, which was...

TURTLES MAKE SIRIUS WAVES

■ Wendy M. Bratten In a September decision out of the U.S. District Court for the Central District of California in Los Angeles, music group The Turtles triumphed over Sirius XM Radio, Inc., the largest radio broadcaster in America. Flo & Eddie, Inc., owned by founding members of The Turtles, filed a class action suit against Sirius alleging $100 million dollars in unpaid royalties for performance of pre-1972 recordings, including The Turtles’ chart-topping song “Happy Together.” At issue in the case was whether ownership of pre-1972 sound recordings includes the exclusive right to publicly perform the recording. The court granted...

PATENT ELIGIBILITY UNDER ALICE

■ Thea E. Reilkoff On June 19, 2014, the Supreme Court issued a unanimous decision in Alice Corporation v. CLS Bank International, No. 13-2988 (U.S., June 19, 2014), holding all claims in patents for a computer-implemented scheme for mitigating settlement risk invalid as drawn to an abstract idea, ineligible for patent protection under 35 U.S.C. §101. The Court revisited prior case law to reaffirm that a generic computer and generic instructions are insufficient to transform an abstract idea into a patent eligible invention, but declined to further define the contours of what constitutes an abstract idea. Notably, the Court solidified...

Beyond the Looking Glass: Patent-Eligible Subject Matter After Alice and Mayo

By Erik Wright and Austen Zuege From Intellectual Property Today, Vol. 21, No. 11 (November 2014) In recent cases such as Alice Corp. v. CLS Bank Int’l, 134 S.Ct. 2347 (2014), the Supreme Court has reiterated that abstract ideas, laws of nature, and natural phenomena cannot be patented. Inventions directed to any of these three categories must include sufficient extra material to form the basis of a patent. The Court has provided some guidance as to what kinds of claim language can satisfy this requirement, but has thus far declined to define the principal categories of patent-ineligible subject matter in...

Patented Meat Cutting Process Garners Investment from Shark Tank

Former professional football player Al ‘Bubba’ Baker brought his patented method for making deboned baby back ribs to ABC’s Shark Tank television show, where he caught the interest of investors who had never before seen a method patent for preparing meat. The patent for cutting and forming boneless pork loin to mimic a slab of pork rib meat was prosecuted by Kinney & Lange and issued in 2006 (U.S. Patent 7,022,007). Since the episode aired in December 2013, Baker has entered into a partnership with a major meat processor in Missouri. In April 2014, Baker returned to the show to...

Pro Bono Projects

Kinney & Lange is committed to addressing the growing needs of our community by encouraging pro bono projects that serve the general public interest or redress an acute deprivation of individual rights of persons unable to secure private counsel. Kinney & Lange encourages its attorneys to participate in pro bono activities and is dedicated to fostering an environment that is conducive to such activities and providing the resources and support necessary for attorneys to serve their clients to the best of their ability. While most pro bono projects fall outside the scope of intellectual property law, on occasion, attorneys may...

Kinney & Lange Recognized as a “Go-To IP Provider”

BTI recognized Kinney & Lange in the categories of “Go-To IP Provider,” “Best at Routine Patent Work,” and “Most-Favored IP Boutiques” in its annual study of the IP and IP litigation market. BTI’s analysis focused on client spending, goals, priorities, and needs, and interviews of over 175 General Counsel and IP decision makers at top-spending organizations to collect direct feedback on over 200 law firms.

Kinney & Lange Named as a “Go-To Law Firm”

Kinney & Lange was named as a “Go-To Law Firm” for in-house law departments. In a 2013 edition published by Corporate Counsel magazine, Kinney & Lange was featured as outside counsel for several top 500 companies.