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…]

WHIPgroup in 2016

January, 23rd, 2017

Our practice continues to grow and thrive. Notable accomplishments over the past year include: Achieved an extraordinary success rate (~80%) with the new P3 Program, obtaining reversals on dozens of final patent rejections without the [Read More…]

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…]

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