Whitmyer IP Group filed an action for declaratory judgment of no trademark infringement on behalf of its client, a leading quick service restaurant franchisor. The defendant had previously made repeated claims of willful trademark infringement and sought substantial damages, despite the fact that WHIPgroup’s client had prominently used its trademark on a national basis for more than ten years without evidence of confusion or notice of the third party’s rights. WHIPgroup attorney Walter Welsh filed the declaratory judgment, which seeks a determination of noninfringement on several grounds, to protect the client from further harassment.
By Stephen F.W. Ball, Jr. Motions to dismiss, also called 12(b)(6) motions, have been used to eviscerate patent rights on the basis that a patent is allegedly directed to an “abstract concept” and thus lacks [Read More…]
WHIPgroup obtained another patent allowance using the After Final Consideration Pilot (AFCP) Program. In U.S. Application No. 15/239,469 directed to an eccentric well pipe, a Final Office Action rejected pending claims for obviousness. WHIPgroup attorneys [Read More…]
WHIPgroup attorneys were successful in using the Pre-Appeal Brief Review program to overcome a final rejection. During prosecution, the USPTO rejected claims directed to a method for actively damping oscillations in a compression process as [Read More…]