Out with BRI and In with Phillips: USPTO Adopts Federal Circuit’s Claim Construction Standard for PTAB Proceedings

October, 18th, 2018

By Victor Lin On October 11, 2018, the USPTO officially changed the claim construction standard used by the Patent and Trial and Appeal Board (PTAB) for interpreting claims in post-grant patentability challenges.  The PTAB will [Read More…]

Hold the Donuts: The DUNKIN Trademark Without the Donuts

October, 16th, 2018

By Lauren C. Matturri When Dunkin Donuts announced in September that it would be dropping the “Donuts” from its name, there was a lot of buzz about this new change.  This buzz mostly addressed the [Read More…]

Real Parties at the PTAB – Don’t Leave Anyone Off the Guest List

October, 9th, 2018

By Benjamin N. Luehrs In a recent decision, the Federal Circuit Court of Appeals (“the CAFC”) reinvigorated the definition of “real party in interest” (hereinafter “RPI”) as found in the Patent Act, 35 U.S.C. §§  [Read More…]

BU v. Everlight: A Lesson in Enablement

October, 2nd, 2018

By Georgi Korobanov Recently the Court of Appeals for the Federal Circuit reversed a lower court’s denial of a motion for judgment as a matter of law that challenged the validity of asserted U.S. Patent [Read More…]

Get Your Patent Faster Using Pre-Appeal Briefs

September, 18th, 2018

By Robert D. Keeler There are multiple strategies for addressing Final Office Actions at the USPTO.  WHIPgroup already explained why examiners like RCEs (and why you shouldn’t). One alternative to an RCE – an Appeal [Read More…]

Patent Venue’s “Home Sweet Home” Jurisprudence

September, 11th, 2018

By Christopher Stankus Most corporations know by now that in May 2017, the Supreme Court drastically changed venue law for patent cases in TC Heartland LLC v. Kraft Foods Group Brands LLC. It is not [Read More…]

The Shrinking Menu of Options for Venue: Where to Sue for Patent Infringement

August, 21st, 2018

By Andrew P. Siuta and Andrew E. Kerrick An important strategic decision at the outset of every patent infringement suit is where to file. Rules of the district, its familiarity with patent disputes, the efficiency [Read More…]

THE BREXIT EXIT: The Details are Starting to Unfold for IP Rights Holders

August, 14th, 2018

By Christina L. Winsor Since the announcement that the UK was leaving the EU, there has been big questions as whether trademark owners holding registrations in the EU would still be protected in the UK [Read More…]

Making Provisional Applications Part of Your IP Strategy

August, 2nd, 2018

By Stephen F. W. Ball, Jr. & Sean E. Paquette A provisional application is a type of U.S. patent application that is “informal” in the sense that there are no requirements for acceptance. It does [Read More…]

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