Gene Simmons’ Gesture of Love…or Devil Horns. Can’t tell…

June, 23rd, 2017

By Christina L. Winsor Gene Simmons a/k/a “the Demon” and famous rocker of the band KISS filed a US Federal trademark application, Serial No. 87482739, on June 9, 2017 for “his” devil horns hand gesture [Read More…]

Process for Remote Patient Monitoring Is Patent Eligible

June, 21st, 2017

By Andrew P. Siuta In Cardionet, LLC, v. Infobionic, Inc. the District Court of Massachusetts held that a claim for optimizing the transmission of patient data constituted patent eligible subject matter. The patent disclosed and [Read More…]

Can’t Avoid Infringement Liability For Overseas Deliveries Merely By Off-Shoring Manufacturing

June, 13th, 2017

By Wesley W. Whitmyer, Jr. In denying a motion for partial summary judgment that no reasonable jury could find “sales within the United States” based on Defendant’s products that are “ordered, manufactured, shipped, billed, and [Read More…]

Another Ex Parte Appeal Win at the PTAB

June, 8th, 2017

WHIPgroup was again successful in reversing an examiner’s rejections before the Patent Trial and Appeal Board (PTAB). The claimed invention is directed to a configurable control system for an operating room. At issue were limitations [Read More…]

While Fame Is All-Or-Nothing For Some And Relative For Others, This Is Not To Be Confused At The TTAB

June, 7th, 2017

By Michael J. Kosma In Joseph Phelps Vineyards, LLC v. Fairmont Holdings, LLC, [2016-1089] (May 24, 2017), the Federal Circuit was “perplexed” by the TTAB’s finding that Phelp’s INSIGNIA wine has no “fame,” giving no [Read More…]

PTAB Reverses 101 Rejection for Internet Technology

May, 19th, 2017

By Stephen Ball For practitioners who specialize in computer-implemented inventions, the last several years have been challenging while the USPTO has struggled to consistently apply precedent defining the scope of patentable subject matter. Internet-based technologies [Read More…]

WHIPgroup Wins Another Appeal at Patent Trial and Appeal Board

May, 17th, 2017

After a video conference oral argument before the Patent Trial and Appeal Board, WHIPgroup attorneys secured a written opinion reversing anticipation and obviousness rejections of patents claims from the Patent Office. The patent application claims [Read More…]

Dislike v. Discourage: The Metes and Bounds of Successful “Teaching Away” Arguments

May, 9th, 2017

By Benjamin N. Luehrs A patentee can overcome obvious-type rejections by establishing that a prior art reference “teaches away” from the applicant’s invention. This argument is often difficult to make, however. Unless the prior art [Read More…]

Federal Circuit Clarifies Post-AIA On-Sale Bar

May, 3rd, 2017

By Patrick D. Duplessis In the recent holding in Helsinn Healthcare S.A. v. Teva Pharmaceuticals (Fed. Cir. May 1, 2017), the Federal Circuit addressed the question of whether the Leahy–Smith America Invents Act (the “AIA”) [Read More…]

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