February, 12th, 2019
Categories: Articles, Blog Tags: litigation, patent, testimony, whipgroup
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…]
January, 31st, 2019
Categories: Articles, Blog Tags: anticounterfeiting, branding, litigation, trademark, whipgroup
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…]
January, 23rd, 2019
Categories: Articles, Blog Tags: 101, CAFC, computer, patent, software, startup, USPTO, whipgroup
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…]
January, 18th, 2019
Categories: Articles, Blog Tags: patent, software, whipgroup
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…]
January, 8th, 2019
Categories: Articles, Blog Tags: chemical, computer, litigation, patent, software, startup, USPTO, whipgroup
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…]
January, 4th, 2019
Categories: Articles, Blog Tags: copyright, whipgroup
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…]
January, 2nd, 2019
Categories: Articles, Blog Tags: 101, CAFC, CBM, chemical, computer, IPR, patent, precedential, PTAB, RCE, software, USPTO, whipgroup
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…]
December, 21st, 2018
Categories: Articles, Blog Tags: anticounterfeiting, branding, startup, testimony, trademark, TTAB, USPTO, whipgroup
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…]
December, 18th, 2018
Categories: Articles, Blog Tags: patent, RCE, USPTO, whipgroup
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…]
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