THE BREXIT EXIT: The Details are Starting to Unfold for IP Rights Holders

August, 14th, 2018

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…]

There’s No Software Exception to the Statutory Presumption of Validity

July, 24th, 2018

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…]

Federal Circuit Prescribes a Treatment for § 101 Disorder

July, 3rd, 2018

The Federal Circuit recently provided insight into the complicated issue of § 101 subject matter eligibility for method of treatment claims.  In Vanda Pharmaceuticals Inc v West-Ward Pharmaceuticals, 887 F.3d. 1117 (Fed. Cir. 2018), a [Read More…]

USPTO Issues Guidance on Conclusions Involving Inventive Concept

April, 23rd, 2018

The U.S. Patent and Trademark Office has issued a guidance memo implementing the recent holding of the Federal Circuit in Berkheimer v. HP, Inc. The USPTO Memorandum clarifies the inquiry into whether a claim limitation represents well-understood, routine, [Read More…]

Sec. 101 Motions: Patent Panacea or Plague?

April, 12th, 2018

By Wesley W. Whitmyer, Jr. Motions to Dismiss on grounds that patents fail to claim patent-eligible subject matter, so called 101 or Alice Motions, have proliferated like dandelions in spring.  It’s the defense du jour for alleged infringers lacking prior [Read More…]

WHIPgroup Wins On Appeal Reversing § 101 Rejections

April, 6th, 2018

WHIPgroup continues its success in reversing rejections under 35 U.S.C. § 101 before the Patent Trial and Appeal Board (PTAB). Claims for a method of identifying a fault condition in an electrical machine were rejected [Read More…]

Death of the Internet. Really?

December, 19th, 2017

By Andrew P. Siuta On December 14th, the FCC voted to repeal Net Neutrality regulations that have been in place since 2015. The regulations prevented internet service providers from blocking websites or charging for higher [Read More…]

Federal Circuit Allows Computer Memory Patent

September, 19th, 2017

By Andrew P. Siuta In the recent holding in Visual Memory LLC v. NVIDIA Corporation (Fed. Cir. August 15, 2017) the Federal Circuit again addressed the issue of whether a new computer memory system was [Read More…]

District Court Illustrates How Specification Can Help or Hurt Patent Eligibility

September, 11th, 2017

By Stephen Ball At issue was a Motion for Summary Judgment that certain claims of U.S. Patent Nos. 5,960,032 (the “‘032 patent”) and RE41,490 (the “‘490 patent”) are patent-ineligible under 35 U.S.C. § 101. Intellectual [Read More…]

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