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Trio of District Court Cases Give Software Patent Owners Hope After Alice

February, 14th, 2017

By Wesley W. Whitmyer, Jr. Summary Judgment decisions from California, Texas and Delaware early in 2017 refuse to find asserted software patents invalid under 35 USC § 101 after applying the first step of Alice [Read More…]

Another Appeal Win for a Computer-Implemented Invention

February, 14th, 2017

WHIPgroup attorneys successfully appealed rejections for a patent application directed to data packet aggregation for wireless communication. In its Appeal briefs, WHIPgroup differentiated data frame encapsulation taught by wireless networking publications. The Board agreed with [Read More…]

WHIPgroup Welcomes Benjamin Luehrs

February, 13th, 2017

Benjamin N. Luehrs joined Whitmyer IP Group as an associate January 30, 2017. Mr. Luehrs graduated from the University of Minnesota in 2015. In addition to his experience assisting corporations with their intellectual property needs, [Read More…]

PTAB Rules That State Entities Are Entitled To 11th Amendment Sovereign Immunity Defense Against The Institution Of An IPR

February, 7th, 2017

By Patrick D. Duplessis The 11th Amendment to the U.S. Constitution limits the judicial authority of the federal courts to subject a state to an unconsented lawsuit, and precludes certain adjudicative administrative proceedings from adjudicating [Read More…]

WHIPgroup Supports TechXel Stamford

February, 7th, 2017

WHIPgroup’s February 8 presentation to entrepreneurs at TechXel Stamford’s Venture Expert Series to focus on patents and trademarks for local startups. See Eventbrite announcement.

Whitmyer IP Group Files Trademark Infringement Lawsuit in District of Massachusetts

February, 6th, 2017

On February 6, 2017, WHIPgroup attorneys filed a trademark infringement lawsuit against Microline Surgical, Inc. (“Microline”) on behalf of Karl Storz Endoscopy-America, Inc. (“Karl Storz”). Karl Storz is an industry leader in the creation, manufacture [Read More…]

WHIPgroup Overcomes All Prior Art Rejections using P3 Program

February, 6th, 2017

WHIPgroup attorneys obtain favorable decision using the Post-Prosecution Pilot (P3) Program for a case directed to an electric battery recharging plant. After receiving a final rejection, WHIPgroup presented arguments to a P3 Panel asserting that [Read More…]

GUI Claims Upheld as Patent-Eligible by Federal Circuit

January, 31st, 2017

The Federal Circuit, in Trading Technologies International, Inc. v. CQG, Inc. et al., found claims covering a graphical user interface (GUI) for electronic trading of stocks to be patent eligible under 35 U.S.C. § 101.[1] [Read More…]

Another Pre-Appeal Brief Win

January, 25th, 2017

WHIPgroup attorneys were again successful in using the Pre-Appeal program to advance prosecution. The invention is directed to an arrangement having a medical instrument and a manipulator that can be releasably connected to one another [Read More…]

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