March, 21st, 2017
Categories: Articles, Blog Tags: trademark, USPTO
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…]
March, 16th, 2017
Categories: Articles, Blog, News Tags: patent, PTAB, USPTO, whipgroup
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…]
March, 10th, 2017
Categories: Articles, Blog, News Tags: patent, PTAB, RCE, whipgroup
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…]
February, 28th, 2017
Categories: Articles, Blog Tags: PTAB
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…]
February, 14th, 2017
Categories: Articles, Blog Tags: 101, litigation, patent, software
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…]
February, 7th, 2017
Categories: Articles, Blog Tags: patent, PTAB
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…]
January, 31st, 2017
Categories: Articles, Blog Tags: 101, CAFC, litigation, patent, software
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…]
January, 25th, 2017
Categories: Articles, Blog, News Tags: patent, PTAB, USPTO, whipgroup
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…]
January, 24th, 2017
Categories: Articles, Blog Tags: patent, PTAB, USPTO
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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