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Patents vs. Trade Secrets – What’s Best for You

October, 23rd, 2019

By Christopher J. Stankus Why do some companies choose to patent their invention while others choose to keep it secret? It comes down to determining what protection is best for your business and invention. A [Read More…]

Continuation Applications Should be Part of Your Patent Strategy

September, 25th, 2019

By Stephen F.W. Ball, Jr. One of the easiest and most strategic ways to build up a patent portfolio is using continuation applications. A continuation application is a “child” application filed during the pendency of [Read More…]

Stop Infringers At The Border

April, 18th, 2019

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…]

Hoping 2019 Brings Clarity to Patentable Subject Matter

January, 2nd, 2019

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…]

Out with BRI and In with Phillips: USPTO Adopts Federal Circuit’s Claim Construction Standard for PTAB Proceedings

October, 18th, 2018

By Victor Lin On October 11, 2018, the USPTO officially changed the claim construction standard used by the Patent and Trial and Appeal Board (PTAB) for interpreting claims in post-grant patentability challenges.  The PTAB will [Read More…]

Supreme Court Holds IPR Patent Challenges Constitutional

April, 24th, 2018

By Dov Hirsch   Today, the U.S. Supreme Court has issued two important patent related decisions regarding Inter Partes Reviews (“IPR”) under the America Invent Act. In Oil States Energy Services, LLC V. Greene’s Energy Group, [Read More…]

PTAB Persistence Doesn’t Always Pay

December, 12th, 2017

By Benjamin N. Luehrs In a recent precedential opinion, the PTAB adopted a seven-factor test for determining whether to institute a “follow-on” IPR petition.[1] Follow-on petitions seek to invalidate the same claims as a previous IPR [Read More…]

Once is Enough: Assessing Previously-Used Prior Art and Arguments at the PTAB

January, 10th, 2017

By Robert D. Keeler Under the AIA, the PTAB can deny institution of an IPR, CBM, or PGR because “the same or substantially the same prior art or arguments previously were presented to the Office.” [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…]

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