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While Fame Is All-Or-Nothing For Some And Relative For Others, This Is Not To Be Confused At The TTAB

June, 7th, 2017

By Michael J. Kosma In Joseph Phelps Vineyards, LLC v. Fairmont Holdings, LLC, [2016-1089] (May 24, 2017), the Federal Circuit was “perplexed” by the TTAB’s finding that Phelp’s INSIGNIA wine has no “fame,” giving no [Read More…]

PTAB Reverses 101 Rejection for Internet Technology

May, 19th, 2017

By Stephen Ball For practitioners who specialize in computer-implemented inventions, the last several years have been challenging while the USPTO has struggled to consistently apply precedent defining the scope of patentable subject matter. Internet-based technologies [Read More…]

Dislike v. Discourage: The Metes and Bounds of Successful “Teaching Away” Arguments

May, 9th, 2017

By Benjamin N. Luehrs A patentee can overcome obvious-type rejections by establishing that a prior art reference “teaches away” from the applicant’s invention. This argument is often difficult to make, however. Unless the prior art [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…]

Federal Circuit Severely Limits Patents Eligible for CBM Review

November, 22nd, 2016

By Michael J. Kosma, Michael A. Lavine On November 21, the United States Court of Appeals for the Federal Circuit held that the United States Patent and Trademark Office (“USPTO”) had improperly expanded the definition [Read More…]

Whitmyer IP Group Profiled in Law360

August, 6th, 2015

In an article published today in Law360.com, Matthew Bultman chronicles the origin, opening and early success of Whitmyer IP Group. The article is available HERE.

Whitmyer IP Group Attorneys Win Federal Circuit Patent Appeal for Pentair Südmo

April, 13th, 2015

In the underlying District of Delaware case, Pentair Südmo alleged that double seat valve products from SPX Corporation and SPX Flow Technology Systems, Inc. infringed Pentair Südmo’s US Patent No. 7,891,376, entitled “Double Seat Valve [Read More…]

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