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WHIPgroup Wins On Appeal Reversing § 101 Rejections

April, 6th, 2018

WHIPgroup continues its success in reversing rejections under 35 U.S.C. § 101 before the Patent Trial and Appeal Board (PTAB). Claims for a method of identifying a fault condition in an electrical machine were rejected [Read More…]

Section 285 Does Not Require Pre-Filing Purchase

April, 4th, 2018

By William Birks III “The court in exceptional cases may award reasonable attorney fees to the prevailing party.” –35 U.S.C. §285 Under Section 285, a court is empowered in exceptional cases to award attorney’s fees to [Read More…]

PTAB Closes in on The “First-to-Derive” in The “First-to-File” Era

March, 27th, 2018

By Benjamin N. Luehrs On March 21, 2018, the Patent Trial and Appeal Board (PTAB) entered uncharted waters when it instituted, for the first time, derivation proceedings between Andersen Corp. and GED Integrated Solutions, Inc., concerning [Read More…]

WHIPgroup Attorney Quoted in Article Regarding Best IPR Practices

March, 19th, 2018

WHIPgroup attorney Robert Keeler was recently interviewed and quoted in a Law360 article regarding motions to exclude evidence in IPR proceedings.  Confronted with the question of why litigants continue to file motions to exclude despite low chances [Read More…]

Commercial Space Race Highlights Differences Between Patent And Trade Secret Protection

March, 13th, 2018

By Victor P. Lin The commercial space race is heating up.  In December 2017, Blue Origin conducted a successful sub-orbital flight and landing of its New Shepard 3 spacecraft, which carried a capsule manned by a [Read More…]

eSports, and the Power of an Established Brand

March, 6th, 2018

By Robert D. Keeler The next time you turn on the TV to watch the Olympics, you may see athletes with keyboards and mice instead of javelins or shot put balls. The International Olympic Committee recently [Read More…]

Postpone Moving to the Reservation

February, 27th, 2018

By Christopher J. Stankus The PTAB recently limited companies’ ability to utilize the doctrine of sovereign immunity to avoid IPR proceedings. Companies have been assigning their patents to state entities and Tribal governments to protect [Read More…]

Why Examiners Like RCEs (and why you shouldn’t)

February, 12th, 2018

By Stephen F.W. Ball, Jr. The USPTO’s “count system” is used to try to objectively measure examiner performance, and the categories “production” and “docket management” are over half of overall examiner performance measurement.[1] The reason it [Read More…]

WHIPgroup starts 2018 with PTAB Win

February, 7th, 2018

WHIPgroup attorneys were successful in reversing all prior art rejections of claims directed to a medical apparatus for mounting a sheath onto the distal end of a surgical shaft instrument. WHIPgroup argued that the cited [Read More…]

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