The Latest From Kinney and Lange

Summary of Amendments to the Federal Rules of Civil Procedure and a Potential Impact on NPEs

By:  Tony Salmo On December 15, 2015 amendments to the Federal Rules of Civil Procedure went into effect. Congress passed and the Supreme Court adopted amendments to Rules 1, 4, 16, 26, 30, 31, 33, 34, 37, 55, and 84. The amendment to rule 84 effectively eliminated the Appendix of Forms. On April 28, 2016, the Supreme Court approved amendments for review by congress for: Federal Rules of Appellate Practice, Rules 4, 5, 21, 25, 26, 27, 28, 28.1, 29, 32, 35, and 40, and Forms 1, 5, and 6, new Form 7 and new Appendix; Bankruptcy Rules 1010, 1011,...

Federal Circuit Reaffirms Patent Exhaustion Doctrine

By: Andrew Swanson In Lexmark Int’l, Inc. v. Impression Prods., Inc., 16 F.3d 721 (Fed. Cir. 2016) (en banc), the Federal Circuit was asked to determine the applicability of the doctrine of patent exhaustion in two contexts.  First, the court was asked to determine whether the sale of a patented article to end users under a restriction that is otherwise lawful and within the scope of a patent grant nonetheless gives rise to patent exhaustion.  The court held that a patentee may reserve its patent rights by selling a patented article under otherwise-proper restrictions on resale and reuse that are...

European Union Trademark Update

By: Lea Westman The EU has a regional trademark system which has been continually updated and amended. The most recent changes to the EU trademark include changes in names of the organization, a change in the classification of trademarks, and a change to the rules surrounding transit of goods and trademark law. Under these new rules, current trademark owners have until September 2016 to change declared goods and services on old trademark applications. The Old Community Trade Mark The Community Trade Mark (CTM) has long been used in the EU in an effort to create uniformity of trademark law. A...

Recently Issued Patents

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. 9,174,231 “Sprayer fluid supply with collapsible liner” 9,175,567 “Low loss airfoil platform trailing edge” 9,182,258 “Variable frequency magnetic flowmeter” 9,188,620 “Method of detection and isolation of faults within power conversion and distribution systems” 9,194,027 “Method of forming high strength aluminum alloy parts containing L12 intermetallic dispersoids by ring rolling” 9,200,882 “Contour interval control for an aquatic geographic information system” 9,206,367 “Method for cold...

Kinney & Lange Welcomes Summer Law Clerks

Kinney & Lange is pleased to welcome Lauren Taylor and Richard Champion as 2016 summer law clerks. Lauren and Richard are both current law students at the University of Iowa College of Law. Lauren has a B.S.E. in Industrial Engineering from the University of Iowa. Richard has a B.S. in Chemistry from Eastern Oregon University, as well as an M.S. in Chemical Engineering and Ph.D. in Chemical Engineering and Nanotechnology from the University of Washington.

K&L Present Intro to IP Law at SME Chapter Meeting

Kinney & Lange’s Larrin Bergman and Andrew Swanson will present “An Introduction to Intellectual Property Law” at the Society of Manufacturing Engineers’ Minneapolis Chapter meeting on March 16, 2016. Visit for more information.

K&L Associates Support Mid-Minnesota Legal Aid

By February 9, 2016

Kinney & Lange is proud to announce 100% participation in the Mid-Minnesota Legal Aid “One Hour of Sharing Associates’ Campaign for The Fund for Legal Aid.” The campaign encourages members of the legal community to make a donation equal to one billable hour. Mid-Minnesota Legal Aid is an organization that provides free legal services to people with low income and seniors in our twenty-county service area and people with disabilities statewide. Not only did Kinney & Lange reach 100% participation, it exceeded its fundraising goal this year and was the top donor in its group.

Supreme Court Clarifies Standard of Review for Claim Construction

■ Nicholas J. Peterka In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., 574 U.S. ___, No. 13-854 (2015), the Supreme Court held that the Federal Circuit must apply the clearly erroneous standard when reviewing a district court’s resolution of subsidiary factual matters made during the court’s patent claim construction. At dispute was the meaning of the term “molecular weight.” Each party presented extrinsic evidence in the form of expert testimony and, relying on patent owner Teva’s expert, the district court determined that “molecular weight” was not indefinite. Sandoz appealed the claim construction to the Federal Circuit, which reviewed de novo...

Recent Patents | Newsletter, Vol. 8, 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.  9,023,155 “Engine wash apparatus and method-manifold” 9,021,778 “Airfoil including trench with contoured surface” 9,025,294 “System and method for controlling solid state circuit breakers” 9,030,200 “Spin dependent tunneling devices with magnetization states based on stress conditions” 9,027,609 “Argon gas level controller” 9,032,619 “Compressor stator chord restoration repair method and apparatus”  9,034,465 “Thermally insulative attachment”

Fair Use Avoids Takedown

■ Adam E. Szymanski In Lenz v. Universal Music Corp., Nos. 13-16106 and 16107 (9th Cir. Sept. 14, 2015), a panel of the 9th Circuit held that the Digital Millennium Copyright Act (DMCA) requires a copyright holder to consider fair use before sending a takedown notice to an online service provider, like YouTube® or Google®. Failure to consider fair use, the court determined, raises a triable offense issue as to whether the copyright holder formed a subjective good faith belief that the use was authorized by law.   The claim arose when Universal Music Corp. sent a takedown notice to...