Articles

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…]

August, 2nd, 2018

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

By Stephen F. W. Ball, Jr. & Sean E. Paquette A provisional application is a type of U.S. patent application that is “informal” in the sense that there are no requirements for acceptance. It does [Read More…]

July, 24th, 2018

Categories: Articles, Blog Tags: 101, CAFC, IPR, litigation, patent, PTAB, software, USPTO, whipgroup

By Wesley W. Whitmyer, Jr. & Michael J. Harris The presumption of patent validity springs from the legal concept of administrative correctness.  In other words, The US Patent Office is presumed to have done its [Read More…]

July, 17th, 2018

Categories: Articles, Blog Tags: IPR, patent, PTAB, testimony, USPTO, whipgroup

By Benjamin N. Luehrs and Hao Zhang Inter Partes Review (IPR) is an effective procedure for invalidating a competitor’s patent whereby a petitioner cites other patents and printed publications (i.e., “prior art”) to argue that [Read More…]