October, 24th, 2018

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

By William L. Birks III Palensetron U.S. 8,598,2019 (Col. 3, Lines 53-65)   35 U.S.C. 102 states “A person shall be entitled to a patent unless— (1) the claimed invention was patented, described in a printed [Read More…]

October, 18th, 2018

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

By Victor Lin On October 11, 2018, the USPTO officially changed the claim construction standard used by the Patent and Trial and Appeal Board (PTAB) for interpreting claims in post-grant patentability challenges.  The PTAB will [Read More…]

October, 16th, 2018

Categories: Articles, Blog Tags: branding, trademark, USPTO, whipgroup

By Lauren C. Matturri When Dunkin Donuts announced in September that it would be dropping the “Donuts” from its name, there was a lot of buzz about this new change.  This buzz mostly addressed the [Read More…]

October, 9th, 2018

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

By Benjamin N. Luehrs In a recent decision, the Federal Circuit Court of Appeals (“the CAFC”) reinvigorated the definition of “real party in interest” (hereinafter “RPI”) as found in the Patent Act, 35 U.S.C. §§  [Read More…]

October, 2nd, 2018

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

By Georgi Korobanov Recently the Court of Appeals for the Federal Circuit reversed a lower court’s denial of a motion for judgment as a matter of law that challenged the validity of asserted U.S. Patent [Read More…]

September, 18th, 2018

Categories: Articles, Blog Tags: patent, PTAB, RCE, USPTO, whipgroup

By Robert D. Keeler There are multiple strategies for addressing Final Office Actions at the USPTO.  WHIPgroup already explained why examiners like RCEs (and why you shouldn’t). One alternative to an RCE – an Appeal [Read More…]

September, 11th, 2018

Categories: Articles, Blog Tags: CAFC, litigation, patent, precedential, software, startup, testimony, USPTO, whipgroup

By Christopher Stankus Most corporations know by now that in May 2017, the Supreme Court drastically changed venue law for patent cases in TC Heartland LLC v. Kraft Foods Group Brands LLC. It is not [Read More…]

August, 21st, 2018

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

By Andrew P. Siuta and Andrew E. Kerrick An important strategic decision at the outset of every patent infringement suit is where to file. Rules of the district, its familiarity with patent disputes, the efficiency [Read More…]

August, 14th, 2018

Categories: Articles, Blog Tags: 101, branding, litigation, trademark, whipgroup

By Christina L. Winsor Since the announcement that the UK was leaving the EU, there has been big questions as whether trademark owners holding registrations in the EU would still be protected in the UK [Read More…]