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State Trademark Registration Prevails for Cannabis Industry

January, 17th, 2017

By Chelsea A. Russell The Lanham Act’s “use in commerce” requirement has long been established to mean lawful use in commerce in accordance with federal statutory law. This requirement can bar registration because the identified [Read More…]

Once is Enough: Assessing Previously-Used Prior Art and Arguments at the PTAB

January, 10th, 2017

By Robert D. Keeler Under the AIA, the PTAB can deny institution of an IPR, CBM, or PGR because “the same or substantially the same prior art or arguments previously were presented to the Office.” [Read More…]

WHIPgroup Wins on Appeal Before PTAB

January, 3rd, 2017

WHIPgroup secured a favorable decision by the Patent Trial and Appeal Board, reversing all rejections of an application directed to machine type identification. Without an oral hearing, WHIPgroup persuaded the Board through its briefings that [Read More…]

Why Startups Should Challenge Their Competitors’ Patents Before Getting Sued

December, 15th, 2016

By Paul L. Fraulo An Inter Partes Review (IPR) is a trial proceeding before the United States Patent and Trademark Office (USPTO) that serves as a powerful tool to challenge the validity of a U.S. [Read More…]

Federal Circuit Severely Limits Patents Eligible for CBM Review

November, 22nd, 2016

By Michael J. Kosma, Michael A. Lavine On November 21, the United States Court of Appeals for the Federal Circuit held that the United States Patent and Trademark Office (“USPTO”) had improperly expanded the definition [Read More…]

Tracking The Impact of Pre-Institution New Testimony Evidence

October, 25th, 2016

By Michael A. Lavine At the PTAB, new testimony evidence (NTE) is evidence that was prepared specifically for the purposes of the IPR, CBM, or PGR proceeding at issue, and it often includes declarations from [Read More…]

WHIPgroup launches @PTTAB Blog

October, 24th, 2016

WHIPgroup is pleased to announce the launch of its @PTTAB blog, which will review and derive practice pointers from PTAB decisions in AIA post-grant review proceedings and patent prosecution appeals, as well as TTAB decisions [Read More…]

Clients Pleased With WHIPgroup Patent Prosecution

September, 22nd, 2016

“Thanks to everyone at WHIP for your efforts and near-perfect record before the PTAB in the past 12-month period.” -WHIPgroup Client

WHIPgroup Successfully Appeals Rejection of Patent Application Directed to a Global Endoscopic Viewing Indicator

September, 2nd, 2016

WHIPgroup secured a favorable decision by the Patent Trial and Appeal Board, reversing all rejections of an application directed to a method for representing an endoscopic view and viewing direction, which provides greater situational awareness [Read More…]

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