The Latest From Kinney and Lange

‘Means’ Or Not ‘Means’, That Is The Question

■ John D. Leighton The presence or absence of the word “means” in a claim has long been accompanied by one of two comp-lementary presumptions. Using the word “means” in a claim element creates a rebuttable presumption that §112, para. 6 applies and means-plus-function claiming occurs. Conversely, failure to use the word ‘means’ also creates a rebuttable presumption — this time that §112, para. 6 does not apply. Since 2004, however, these presumptions have been asymmetric ones. The Federal Circuit first established this asymmetry with the Lighting World, Inc. v. Birchwood Lighting, Inc., 382 F.3d 1354, 1358 (Fed. Cir. 2004)...

K&L Welcomes New Associates

Kinney & Lange P.A. is pleased to welcome John Fandrey, Tony Salmo, Adam Szymanski, and Lea Westman as associates. John Fandrey graduated from University of St. Thomas School of Law. John has an under-graduate degree in Civil Engineering from the University of Missouri – Columbia. Anthony (Tony) Salmo graduated from William Mitchell College of Law. Tony has an under-graduate degree in Mechanical Engineering from the University of Minnesota. Adam Szymanski graduated from William Mitchell College of Law. Adam holds an under-graduate degree in Chemical Engineering from the University of Wisconsin. Lea Westman graduated from the University of St. Thomas School...

The Federal Circuit’s Second En Banc Decision In Akamai Technologies v. Limelight Networks

■ John P. Fandrey In August of 2015, the Federal Circuit Court of Appeals issued its second en banc decision in Akamai Techs., Inc., v. Limelight Networks, Inc., Nos. 2009-1372, 2009-1380, 2009-1416, 2009-1417 (Fed. Cir., August 13, 2015), a case which began in 2006. The underlying issue is whether there is liability for so-called “divided” or “split” infringement involving multiple actors. The Federal Circuit explained that in patent infringement cases the acts of one actor may be attributed to another where the other “conditions participation in an activity or receipt of a benefit upon performance of a step or steps...

K&L Attorneys at the 2015 Midwest IP Institute

Kinney & Lange attorneys Alan Koenck and Rick Nelson presented “7 Strategies for Drafting Patents in Light of the AIA and IPR Trends” at the 2105 Midwest Intellectual Property Institute conference, held at the Minnesota CLE Conference Center in Minneapolis, September 17-18, 2015.

K&L Ranked Among Top 25 Largest IP Law Firms in Twin Cities

Kinney & Lange was ranked number 12 among the Top 25 IP Law Firms in the Twin Cities by the Minneapolis/St. Paul Business Journal. The list was ranked according to the number of IP attorneys.

Kinney & Lange Attorneys Recognized by Super Lawyers in 2015

Kinney & Lange congratulates its 2015 Super Lawyer David R. Fairbairn and Rising Star Austen Zuege. Super Lawyers surveyed Minnesota attorneys regarding those members of the Minnesota State Bar whom they considered to be Super Lawyers. The Super Lawyers Selection Committee evaluated the nominations received and made the final selections. No more than five percent of the total lawyers in the state are selected as a Super Lawyer. This is Dave’s thirteenth consecutive year of being named a Super Lawyer and Austen’s third consecutive year on the list of Rising Stars.

Ryan Connell’s Recent Publication

By June 15, 2015

Ryan Connell, “How to Handle a Client’s Intellectual Property”, Trusts & Estates (June 2015).

AIA Brings Welcome Change to PCT Filing

Thanks to the America Invents Act (AIA), the USPTO may serve as the receiving office for PCT applications by foreign inventors if the “applicant,” including a commercial assignee of the invention, is a U.S. resident. The PCT allows “applicants,” defined as “any natural person or legal entity,” to file PCT applications in the country of which they are a resident or national. Prior to the AIA, the USPTO recognized only inventors as applicants and, therefore, PCT applications with U.S. assignees but without U.S. inventors had to be filed with the country of nationality or residency of the inventor or with...

Recent Patents | Newsletter Vol. 7, Issue 2

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.   8,899,872 “Thermoplastic die box with quick height adjustment mechanism” 8,899,916 “Torque frame and asymmetric journal bearing for fan drive gear system” 8.899,910 “Air turbine starter and method for venting without loss of oil” 8,916,075 “Method of making a reinforced resin structure” 8,960,739 “Multi-functional doorstop tool” 8,963,735 “Turbine meter pre-scaling terminal block electronics” 8,960,236 “Bypass piston port and methods of manufacturing a bypass...

SUPREME COURT RULES TRADEMARK TACKING IS A QUESTION FOR THE JURY

■ Andrew R. Swanson In Hana Financial, Inc. v. Hana Bank, 135 S.Ct. 907 (2015), a unanimous Supreme Court held that the determination of whether two trademarks may be “tacked” for the purpose of determining priority is a question for the jury.   Prior to Hana, circuit courts were split as to whether tacking was a question of law for the judge, or a question of fact for the jury. While the Court determined that the jury is in the best position to determine if the tacking doctrine applies, the Court did leave open the judge’s ability to determine the tacking...