CAFC

May, 7th, 2019

Categories: Articles, Blog Tags: branding, CAFC, computer, precedential, startup, testimony, trademark, TTAB, USPTO, whipgroup

By Walter B. Welsh A webpage qualifies as use in commerce if it is a point-of-sale. A recent precedential decision, In re Siny Corp., provides guidance on what constitutes a point-of-sale. This article discusses that [Read More…]

April, 18th, 2019

Categories: Articles, Blog Tags: CAFC, CBM, chemical, computer, IPR, ITC, litigation, patent, precedential, PTAB, RCE, software, startup, testimony, USPTO, whipgroup

By Christopher J. Stankus Section 337 Investigations at the International Trade Commission (“ITC”) can be a vital weapon for patent owners to protect their U.S. intellectual property against infringing imports. Section 337 Investigations are resolved [Read More…]

April, 2nd, 2019

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

By Benjamin N. Luehrs Odds are, if you work at all in the patent space, you’ve heard a bit about the Supreme Court’s 2017 decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, [Read More…]

February, 7th, 2019

Categories: Blog Tags: CAFC, IPR, patent, PTAB, USPTO, whipgroup

By Patrick D. Duplessis As we recently reported, the Arterton Inn of Court held its first substantive event on the 2018-2019 session, and WHIPgroup attorneys played a major role in preparing the event. The event, [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, 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…]

November, 20th, 2018

Categories: Articles, Blog Tags: 101, CAFC, computer, litigation, patent, precedential, software, startup, whipgroup

By Stephen F.W. Ball, Jr. Motions to dismiss, also called 12(b)(6) motions, have been used to eviscerate patent rights on the basis that a patent is allegedly directed to an “abstract concept” and thus lacks [Read More…]

November, 15th, 2018

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

By Patrick D. Duplessis In a petition filed this month with the U.S. Supreme Court, patent owner Cave Consulting Group (CCGroup) draws attention to a persistent split at the Federal Circuit concerning foundational claim construction [Read More…]

October, 30th, 2018

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

By Mackenzie L. Long In a recent decision, the Federal Circuit Court of Appeals (“CAFC”) handed a win for one CRISPR researcher and a loss for a rival. CRISPR stands for Clustered Regularly Interspaced Short [Read More…]