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…]

The Broadest Reasonable Interpretation Does Not Mean Broadest Possible Interpretation

February, 28th, 2017

By Stephen F.W. Ball, Jr. WHIPgroup attorneys were successful in overturning all rejections on Appeal of a patent application directed to time slot allocation for wireless networking. The inventors came up with a new and [Read More…]

Trio of District Court Cases Give Software Patent Owners Hope After Alice

February, 14th, 2017

By Wesley W. Whitmyer, Jr. Summary Judgment decisions from California, Texas and Delaware early in 2017 refuse to find asserted software patents invalid under 35 USC § 101 after applying the first step of Alice [Read More…]

PTAB Rules That State Entities Are Entitled To 11th Amendment Sovereign Immunity Defense Against The Institution Of An IPR

February, 7th, 2017

By Patrick D. Duplessis The 11th Amendment to the U.S. Constitution limits the judicial authority of the federal courts to subject a state to an unconsented lawsuit, and precludes certain adjudicative administrative proceedings from adjudicating [Read More…]

GUI Claims Upheld as Patent-Eligible by Federal Circuit

January, 31st, 2017

The Federal Circuit, in Trading Technologies International, Inc. v. CQG, Inc. et al., found claims covering a graphical user interface (GUI) for electronic trading of stocks to be patent eligible under 35 U.S.C. § 101.[1] [Read More…]

PTAB Reverses Examiner Rejection of Software Claims

January, 25th, 2017

After an oral argument before the Patent Trial and Appeal Board, WHIPgroup secured a written opinion reversing the Examiner’s rejection of claims covering computerized control systems and related software for providing control of real world [Read More…]

PTAB Designates Ex Parte Schulhauser as a Precedential Opinion

January, 24th, 2017

By Paul L. Fraulo In ex parte Schulhauser, a decision recently designated precedential, the Patent Trial and Appeal Board (“PTAB”) construed a method claim with separate steps reciting mutually exclusive conditions precedent: A method for [Read More…]

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