Articles

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…]

April, 4th, 2019

Categories: Articles, Blog Tags: 101, branding, computer, litigation, patent, precedential, PTAB, software, startup, USPTO, whipgroup

By Andrew P Siuta Rapid innovation makes it difficult to create a computer technology system that is not obsolete 20 years from its conception. However, with proper drafting techniques a patent attorney can write a [Read More…]

April, 3rd, 2019

Categories: Articles, Blog Tags: copyright, whipgroup

By Lauren C. Matturri Imagine taking a selfie, you post it on your public Instagram and tag the location.  The location is the Vessel in Hudson Yards. You go on with your week then see [Read More…]

April, 2nd, 2019

Categories: Articles, Blog Tags: CAFC, litigation, patent, precedential, whipgroup

By Benjamin N. Luehrs Odds are, if you work at all in the patent space, you’ve heard a bit about the Supreme Court’s 2017 decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, [Read More…]

February, 19th, 2019

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

By Mackenzie L. Long For the past few decades software and pharmaceutical patents have been two industries dealing with and building patent thickets. Many inventors and companies in these industries wish that they could have [Read More…]