June, 11th, 2019

Categories: Articles, Blog Tags: litigation, patent, USPTO, whipgroup

By Mackenzie L. Long On July 30, 2018 United Cannabis Corporation (“UCANN”) sued Pure Hemp Collective Inc. (“Pure Hemp”) for infringement of UCANN’s patent, U.S. Patent No. 9,730,911 (the “’911 patent”). The ’911 patent is [Read More…]

June, 6th, 2019

Categories: Articles, Blog Tags: patent, whipgroup

By Wesley W. Whitmyer, Jr. Not every person is a match for every job.  Patents are expensive and complicated legal documents. No less authority than the US Supreme Court noted long ago that “[t]he specification [Read More…]

May, 29th, 2019

Categories: Articles, Blog Tags: branding, computer, patent, software, trademark, whipgroup

By Wesley W. Whitmyer, Jr. The “IP” craze in naming law firms and professional associations blurs the lines between different types of intellectual property.  Patents and trademarks, in particular, are lumped together without regard to [Read More…]

May, 16th, 2019

Categories: Articles, Blog Tags: CAFC, IPR, ITC, litigation, patent, PTAB, USPTO, whipgroup

By: Benjamin N. Luehrs Generic forum selection clauses in patent license agreements can prevent licensees from trying to invalidate licensed patents at the United States Patent and Trademark Office (USPTO). A recent Federal Circuit Opinion, [Read More…]

May, 13th, 2019

Categories: Articles, Blog Tags: computer, litigation, patent, software, startup, USPTO, whipgroup

By Patrick D. Duplessis These days it seems almost every article or news report about self-driving vehicles (SDVs) includes the prophecy that the automobile will soon resemble a “smartphone on wheels.”  That oft-repeated phrase alludes [Read More…]

May, 7th, 2019

Categories: Articles, Blog Tags: branding, CAFC, computer, precedential, startup, testimony, trademark, TTAB, USPTO, whipgroup

By Walter B. Welsh A webpage qualifies as use in commerce if it is a point-of-sale. A recent precedential decision, In re Siny Corp., provides guidance on what constitutes a point-of-sale. This article discusses that [Read More…]

April, 18th, 2019

Categories: Articles, Blog Tags: CAFC, CBM, chemical, computer, IPR, ITC, litigation, patent, precedential, PTAB, RCE, software, startup, testimony, USPTO, whipgroup

By Christopher J. Stankus Section 337 Investigations at the International Trade Commission (“ITC”) can be a vital weapon for patent owners to protect their U.S. intellectual property against infringing imports. Section 337 Investigations are resolved [Read More…]

April, 16th, 2019

Categories: Articles, Blog Tags: patent, whipgroup

By Michael J. Kosma Patents are never invalid, only their claims.  This was quickly discussed by the Federal Circuit in Sophos Inc. v. RPost Holdings, Inc. (Fed. Cir. 2019) in reviewing a district court’s Order granting [Read More…]

April, 11th, 2019

Categories: Articles, Blog Tags: patent, startup, USPTO, whipgroup

By Victor P. Lin Irrespective if you are a single inventor, a small startup, university, or an established company, the patenting process can be long and difficult.  The average time it takes to receive an [Read More…]