CAFC

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, 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…]

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, 3rd, 2018

Categories: Articles, Blog Tags: 101, CAFC, patent, USPTO, whipgroup

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…]

June, 19th, 2018

Categories: Articles, Blog Tags: CAFC, IPR, litigation, patent, PTAB, startup, testimony, trademark, TTAB, USPTO, whipgroup

By Christopher J. Stankus & Michael J. Harris Is a competitor infringing your patent, but you can’t afford the legal fees to pursue your claim? Or would you rather invest capital to grow your business instead of paying [Read More…]

April, 12th, 2018

Categories: Articles, Blog, News Tags: 101, CAFC, chemical, computer, litigation, patent, software, startup, USPTO, whipgroup

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…]

November, 22nd, 2017

Categories: Articles, Blog Tags: CAFC, IPR, litigation, patent, precedential, PTAB, USPTO

By Robert D. Keeler Inter partes review (“IPR”) proceedings are infamous for their high patent invalidation rate. To protect against wholesale patent loss, Congress gave Patent Owners the right to make narrowing amendments to any challenged [Read More…]