PTAB Adopts WHIPgroup’s Arguments and Reverses Rejections for Software Case

May, 1st, 2017

WHIPgroup successfully persuaded the PTAB to reverse rejections for a computer-implemented invention. The invention is directed to a control system for a materials separation process that can be used for pulp and paper production. The [Read More…]

The Importance of Obviousness Arguments in an IPR

April, 26th, 2017

By Paul L. Fraulo and Victor P. Lin An inter partes review (IPR) provides an opportunity to challenge the patentability of one or more claims of a patent under 35 U.S.C. § 102 (anticipation) and [Read More…]

Recent Supreme Court Decision Enhances Fashion Design IP Rights

April, 13th, 2017

By Chelsea A. Russell Protecting fashion designs through intellectual property rights has always been an important aim of the fashion industry. When you think of knockoffs your mind immediately drawn to handbags, designer imitations, and [Read More…]

Intangible Assets: Motions to Exclude Are More Valuable than the Stats Suggest

April, 10th, 2017

By Robert D. Keeler Either party may file a Motion to Exclude Evidence in a post-grant proceeding without prior permission from the PTAB. These evidentiary challenges provide a potential avenue to limit your opponent’s trial [Read More…]

WHIPgroup Wins Trademark Opposition Trial

March, 29th, 2017

In a rare full trial proceeding before the Trademark Trial and Appeal Board, WHIPgroup prevailed in a trademark opposition on behalf of its client Hybrid Athletics, LLC. During its trial period, Hybrid offered an abundance [Read More…]

Trademark Office Enacts New Audit Program for Declarations of Trademark Use

March, 28th, 2017

By Walter B. Welsh Effective March 21, 2017, the USPTO is auditing declarations and affidavits of trademark use submitted under sections 8 and 71 (“declarations”). The program comes in response to a pilot study that [Read More…]

Can’t You Smell That Smell

March, 21st, 2017

By Christina L. Winsor Can a nostalgic childhood scent be a trademark? Hasbro, Inc. certainly seems to think so. On February 14, 2017, the multinational toy and board game company filed a US trademark application [Read More…]

WHIPgroup Successfully Invalidates Medical Device Patent In PTAB Inter Partes Review Proceeding

March, 16th, 2017

On March 8, 2017, the Patent Trial and Appeal Board (PTAB) found all claims of U.S. Patent No. 7,420,151 (“the ‘151 patent”) unpatentable following an inter partes review (IPR) trial. The ‘151 Patent is directed [Read More…]

The P3 Program Warrants Extension

March, 10th, 2017

By Benjamin N. Luehrs and Robert D. Keeler On January 12, 2017, the USPTO’s Post-Prosecution Pilot (P3) Program concluded its six-month term, having accepted over 1,500 applications. P3’s aim was (1) to increase communication between [Read More…]

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