chemical

Making Provisional Applications Part of Your IP Strategy

August, 2nd, 2018

Categories: Articles, Blog Tags: chemical, computer, litigation, patent, precedential, PTAB, software, startup, USPTO, whipgroup

By Stephen F. W. Ball, Jr. & Sean E. Paquette A provisional application is a type of U.S. patent application that is “informal” in the sense that there are no requirements for acceptance. It does [Read More…]

Sec. 101 Motions: Patent Panacea or Plague?

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…]

CAFC Seemingly Expands Inequitable Conduct to Litigators

November, 14th, 2017

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

By Christopher J. Stankus Patent prosecution attorneys are well aware of their duty of candor to the PTO. However, in Regeneron Pharmaceuticals, Inc. v. Merus N.V., No. 2016-1346 (Fed. Cir. July 27, 2017), the Federal Circuit [Read More…]

The Great Chemical Divide: Federal Circuit Suggests the Insubstantial Differences Test for Evaluating Equivalence in Chemical Patent Cases

July, 14th, 2017

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

By Mackenzie L. Long In 1950 the Supreme Court outlined the two tests for evaluating the doctrine of equivalents in the case, Graver Tank & Mfg. Co. v. Linde Air Products Co., 339 U.S. 605, [Read More…]