Earnhardt Family Races Through Federal Circuit Over Surname

August, 8th, 2017

By Christopher J. Stankus On July 27, 2017, the Federal Circuit vacated and remanded for reconsideration the TTAB’s finding that the mark EARNHARDT COLLECTION is not primarily merely a surname because it was unclear whether [Read More…]

Drawing The Line: Method for Managing Bandwidth Allocation Is Patent Eligible

August, 1st, 2017

By Natasha Rodriguez With recent court decisions such as Alice Corp. v. CLS Bank International and subsequent cases regarding patentable subject matter, many practitioners are left questioning where the line is drawn for patent ineligible [Read More…]

PTAB Reverses Rejections of All Claims

August, 1st, 2017

WHIPgroup successfully obtained reversal of rejections for all claims in an Ex Parte Appeal. The computer-implemented invention is directed to secure joining of a computer as a node in a process control system without the [Read More…]

The Supreme Court Punts on the Patent Dance

July, 26th, 2017

By Dov Hirsch On June 12, 2017, the Supreme Court issued a unanimous opinion in Amgen v. Sandoz relating to the Biologics Price Competition and Innovation Act of 2009 (“BPCIA”). In the decision, the Court [Read More…]

Weathering Hurricane Alice

July, 18th, 2017

By Joseph V. Hajjar The Court’s decision in Alice Corp. v. CLS Bank International unleashed a shockwave on the threshold for patent-eligible subject matter. In the technology center for computer software alone, the percentage of [Read More…]

Supreme Court Rules Disparagement Refusals Unconstitutional—Will Scandalous Refusals Be Next?

July, 14th, 2017

By Chelsea A. Russell On June 19, 2017, the Supreme Court expanded trademark protection in its much-awaited ruling of Matel v. Tam, 582 US ___ (2017). The Lanham Act has long held that a trademark [Read More…]

The Great Chemical Divide: Federal Circuit Suggests the Insubstantial Differences Test for Evaluating Equivalence in Chemical Patent Cases

July, 14th, 2017

By Mackenzie L. Long In 1950 the Supreme Court outlined the two tests for evaluating the doctrine of equivalents in the case, Graver Tank & Mfg. Co. v. Linde Air Products Co., 339 U.S. 605, [Read More…]

Another Ex Parte Appeal Win at the PTAB

July, 5th, 2017

WHIPgroup was again successful in reversing an examiner’s rejection before the Patent Trial and Appeal Board (PTAB). The claimed invention is directed to a drying agent arrangement installed inside an instrument housing of an optical [Read More…]

Shaw-shank Relitigation: District Courts Chiseling Away at Estoppel Provisions

June, 27th, 2017

By Robert D. Keeler Congress established inter partes review (“IPR”) as a less expensive, more efficient method of challenging the validity of a patent. Indeed, Congress explained that the IPR is a “complete[] substitute for [Read More…]

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