August, 8th, 2017
Categories: Articles, Blog Tags: CAFC, precedential, trademark, TTAB, USPTO
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…]
August, 1st, 2017
Categories: Articles, Blog Tags: 101, computer, litigation, patent, software, USPTO
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…]
August, 1st, 2017
Categories: Articles, Blog, News Tags: computer, patent, PTAB, USPTO, whipgroup
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…]
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…]
July, 18th, 2017
Categories: Articles, Blog Tags: 101, computer, patent, PTAB, software, USPTO
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…]
July, 14th, 2017
Categories: Articles, Blog Tags: CAFC, litigation, precedential, trademark, TTAB, USPTO
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…]
July, 14th, 2017
Categories: Articles, Blog Tags: CAFC, chemical, IPR, litigation, patent, precedential, PTAB, RCE, USPTO
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…]
July, 5th, 2017
Categories: Articles, Blog, News Tags: patent, PTAB, USPTO, whipgroup
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…]
June, 27th, 2017
Categories: Articles, Blog Tags: CAFC, IPR, litigation, PTAB, USPTO
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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