new-email-outline

Federal Circuit Restates Fees are not “a Penalty for Failure to Win a Patent Infringement Suit.”

February, 12th, 2019

By William L. Birks “The court in exceptional cases may award reasonable attorney fees to the prevailing party.” 35 U.S.C. § 285 While every prevailing party would seek attorney fees if they could, it’s important [Read More…]

Race to the Courthouse: The role of Declaratory Judgements in Trademark Infringement Cases

January, 31st, 2019

By Lauren C. Matturri In December 2018 toy company MGA Entertainment Inc. filed a declaratory judgment against Louis Vuitton.[1]  This was to preempt the French fashion house from claiming MGA Entertainment’s Pooey Puitton toy was [Read More…]

New Patentable Subject Matter Guidelines: Finally Some Help for Computer-Implemented Inventions

January, 23rd, 2019

By Stephen F.W. Ball, Jr. Many in the patent field are keenly aware that the USPTO just issued new patentable subject matter guidelines. The USPTO uses a multi-step process for determining patent eligibility and the [Read More…]

“OMG. How’d They Get a Patent on a Thing Like That?” (Part 2 of 2)

January, 18th, 2019

By Wesley W. Whitmyer, Jr.     Read Part 1 I have been asked this question hundreds of times. You can probably guess that the person doing the asking has just been accused of patent infringement. [Read More…]

The Art of Patent War: A Global Patent Strategy

January, 8th, 2019

By Victor P. Lin Just last year, the seven-year-long patent war between Apple and Samsung came to an end with both parties agreeing to settle the dispute over Samsung’s infringement of multiple U.S. utility and [Read More…]

Copyright Expiration Takes New Works to Public Domain

January, 4th, 2019

By Robert D. Keeler Amidst the clinking of champagne glasses at midnight on January 1, 2019, copyrights will experience a mass expiration for the first time in 20 years. Anyone will be free to use, [Read More…]

Hoping 2019 Brings Clarity to Patentable Subject Matter

January, 2nd, 2019

By Christopher J. Stankus We find ourselves reflecting on 2018’s patent law developments as we welcome the New Year. One notable advancement is the USPTO’s efforts to aid examiners and clarify the law on Section [Read More…]

Trademark Registration: An Essential Step to Protecting Your Business

December, 21st, 2018

By Walter B. Welsh In today’s internet-based economy, achieving and maintaining brand exclusivity is critical to driving customer traffic to your business. A recent analysis of consumer products sold through e-commerce sites shows 75% of [Read More…]

Extending Your Patent’s Life Utilizing Appeals

December, 18th, 2018

By Michael J. Kosma Once issued, the life of a patent extends twenty years from the date it was filed. While the time between filing and issuance is generally lost because the patent is not [Read More…]

© Copyright 2019 Whitmyer IP Group