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…]
January, 23rd, 2017
Categories: Articles, Blog, News Tags: litigation, patent, PTAB, trademark, TTAB, USPTO, whipgroup
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…]
January, 17th, 2017
Categories: Articles, Blog Tags: startup, trademark, TTAB, USPTO
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…]
January, 10th, 2017
Categories: Articles, Blog Tags: CBM, IPR, patent, PTAB, USPTO
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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