IP/Tech Buzz
Attorneys
John Kvinge is an associate with Larkin Hoffman’s Business Litigation and Intellectual Property practice groups. John joined Larkin Hoffman as a law clerk in 2010 and as an associate in 2011. At Larkin Hoffman, John represents clients facing legal issues in a variety of areas, including contracts, trade secrets, product defects, unfair competition, shareholder disputes, personal injury defense, and general business and intellectual property litigation. John received his B.A. in Economics and Political Science from Iowa State University, summa cum laude, in 2008, and his J.D. from the University of Minnesota, magna cum laude, in 2011. While at the University of Minnesota, John was a member of the school’s mock trial team, served as a managing editor for both the Minnesota Journal of Law, Science & Technology and Constitutional Commentary¸ received a book award for intellectual property, and represented clients before the Minnesota Court of Appeals as a student attorney. Bar Admissions Minnesota, 2011 Professional Associations & Memberships Minnesota State Bar Association American Bar Association Education University of Minnesota Law School, Minneapolis, MN 2011 J.D., magna cum laude Lead Managing Editor,
Minnesota Journal of Law, Science & Technology 2010-2011 Student Managing Editor, Constitutional Commentary 2009-2011
Iowa State University,
Ames, IA 2008 B.A., summa cum laude Honors: Phi Beta Kappa
Service Areas
Corporate Intellectual Property, Technology and Internet Litigation |
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Supreme Court Rejects Patent on Drug Metabolite Correlation in Mayo Collaborative Services v. Prometheus Laboratories, Inc.
On March 20, 2012, the United States Supreme Court issued its ruling in Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U.S. ___ (2012). At issue were two patents covering the use of thiopurine drugs to treat autoimmune conditions such as Crohn’s disease. The Supreme Court concluded that the claims were impermissible attempts to patent a natural law, and held the patents invalid.
Minnesota Supreme Court Clarifies the Statute of Limitations for Breach of Employment Contract Actions
In Minnesota, most actions for breach of an employment contract are governed by the two-year statute of limitations set forth in Minn. Stat. § 541.07(5). This means that employees have two years from the date of the alleged breach of contract to file a lawsuit. In Park Nicollet Clinic v. Hamann, ___ N.W.2d ___, 2011 WL 6057981 (Minn. 2011), the Minnesota Supreme Court was faced with the question of whether each paycheck issued after a breach resets the two-year time period for bringing a claim.
Update on the America Invents Act: The AIA’s Current Effects on Patent Litigation
As part of our continuing series on the changes to America’s Patent Act under the America Invents Act (“the AIA” or “the Act”), this month we are looking at ways the AIA currently affects patent litigation.
Wither Irreparable Harm? The Federal Circuit Eliminates the Presumption of Irreparable Harm in Patent Infringement Lawsuits
A patent on a key technological advance can convey significant market power, but only if you can ensure that your competitors are prohibited from using your invention without permission and payment. Plaintiffs in patent infringement cases frequently seek damages for lost profits and award of reasonable royalties, but one of the most powerful awards is a permanent injunction.
Update on the America Invents Act: Virtual Marking
On September 16, 2011, President Obama signed the America Invents Act (“the Act”) into law. Included in the overhaul of Title 35 are significant changes to patent marking.
Is Your Trademark Being Knocked Off?
It is every company’s worst nightmare. After carefully registering a trademark for your flagship product or service, a rival comes along and chooses a dangerously similar name for their competing offering. You may believe that their infringing use of your protected mark is creating confusion in the marketplace and costing you sales, but how do you prove it in a way that will hold up in court? The relatively recent widespread adoption of the internet has created an option that is rapidly gaining traction in federal courts: online consumer surveys.
Is Your Trademark Being Knocked Off? How online consumer surveys may help your company prove trademark infringement.
Traditionally, attorneys have turned to consumer surveys to prove consumer confusion caused by infringement. The relatively recent widespread adoption of the internet has created a third option that is rapidly gaining traction in federal courts: online consumer surveys.
Monitoring the 10,000 Application Quota for Track I Patent Examination
The new patent reform legislation, the America Invents Act, includes a provision for prioritized examination of patents known as Track I. The program is only available for a maximum of 10,000 applications per fiscal year, which is about 4% of the applications filed in a given year. As of October 5, 2011 only three new Track I applications had been submitted.
Noteworthy Cases in the United States Supreme Court’s 2011 Term
The first Monday in October represents the start of a new term for the United States Supreme Court. The Supreme Court has already agreed to hear over 50 cases during the term that begins October 3, 2011. This alert highlights some of the important cases that will be presented in the next few months.
