Articles

October, 13th, 2017

Categories: Articles, Blog Tags: litigation, trademark, TTAB, USPTO

By Walter B. Welsh A specimen showing a photographic depiction of a design mark satisfied use requirements for an applied-for line drawing despite apparent visual differences because the differences were inconsequential and did not change the [Read More…]

September, 27th, 2017

Categories: Articles, Blog, News Tags: PTAB

WHIPgroup triumphs before Patent Trial and Appeal Board (PTAB) in obtaining a pivotal decision that reverses rejections under 35 U.S.C. §§ 101 & 112. The claimed invention is directed to a device and method for [Read More…]

September, 26th, 2017

Categories: Articles, Blog Tags: IPR, litigation, patent, PTAB, software, USPTO

By Michael J. Kosma A Magistrate Judge in the Eastern District of Texas recently issued a report and recommendation finding that a plaintiff’s infringement claims were estopped due to prosecution disclaimer from statements made in [Read More…]

September, 19th, 2017

Categories: Articles, Blog Tags: 101, computer, litigation, patent, software, USPTO

By Andrew P. Siuta In the recent holding in Visual Memory LLC v. NVIDIA Corporation (Fed. Cir. August 15, 2017) the Federal Circuit again addressed the issue of whether a new computer memory system was [Read More…]

September, 11th, 2017

Categories: Articles, Blog Tags: 101, CAFC, computer, litigation, patent, PTAB, software

By Stephen Ball At issue was a Motion for Summary Judgment that certain claims of U.S. Patent Nos. 5,960,032 (the “‘032 patent”) and RE41,490 (the “‘490 patent”) are patent-ineligible under 35 U.S.C. § 101. Intellectual [Read More…]

September, 8th, 2017

Categories: Articles, Blog Tags: computer, IPR, litigation, patent, PTAB, software, USPTO

By Benjamin N. Luehrs On August 29, 2017, the Patent Trial and Appeal Board (PTAB or “the Board”) issued a pair of decisions denying institution of inter partes review (IPR) because the petitioner failed to [Read More…]

August, 29th, 2017

Categories: Articles, Blog Tags: litigation, patent, precedential

By Patrick D. Duplessis In the recent holding in Georgetown Rail v. Holland (Fed. Cir. August 1, 2017), the Federal Circuit again addressed the question of whether a patent claim preamble is limiting. A patent [Read More…]

August, 22nd, 2017

Categories: Articles, Blog, News Tags: patent, trademark, USPTO

By Victor P. Lin Filing for a patent or trademark to protect your intellectual property can potentially open you up to scams. Responding to fraudulent notices pretending to be from the United States Patent and [Read More…]

August, 21st, 2017

Categories: Articles, Blog, News Tags: patent, PTAB, USPTO, whipgroup

WHIPgroup attorneys successfully appealed rejections for a patent application directed to an endoscope having an improved joining seam on the edge of a window to prevent penetration of moisture into the interior of the endoscope. [Read More…]