September, 11th, 2017
Categories: Articles, Blog Tags: 101, CAFC, computer, litigation, patent, PTAB, software
By Stephen Ball At issue was a Motion for Summary Judgment that certain claims of U.S. Patent Nos. 5,960,032 (the “‘032 patent”) and RE41,490 (the “‘490 patent”) are patent-ineligible under 35 U.S.C. § 101. Intellectual [Read More…]
September, 8th, 2017
Categories: Articles, Blog Tags: computer, IPR, litigation, patent, PTAB, software, USPTO
By Benjamin N. Luehrs On August 29, 2017, the Patent Trial and Appeal Board (PTAB or “the Board”) issued a pair of decisions denying institution of inter partes review (IPR) because the petitioner failed to [Read More…]
August, 1st, 2017
Categories: Articles, Blog Tags: 101, computer, litigation, patent, software, USPTO
By Natasha Rodriguez With recent court decisions such as Alice Corp. v. CLS Bank International and subsequent cases regarding patentable subject matter, many practitioners are left questioning where the line is drawn for patent ineligible [Read More…]
August, 1st, 2017
Categories: Articles, Blog, News Tags: computer, patent, PTAB, USPTO, whipgroup
WHIPgroup successfully obtained reversal of rejections for all claims in an Ex Parte Appeal. The computer-implemented invention is directed to secure joining of a computer as a node in a process control system without the [Read More…]
July, 18th, 2017
Categories: Articles, Blog Tags: 101, computer, patent, PTAB, software, USPTO
By Joseph V. Hajjar The Court’s decision in Alice Corp. v. CLS Bank International unleashed a shockwave on the threshold for patent-eligible subject matter. In the technology center for computer software alone, the percentage of [Read More…]
June, 21st, 2017
Categories: Articles, Blog Tags: 101, computer, litigation, patent, software, USPTO
By Andrew P. Siuta In Cardionet, LLC, v. Infobionic, Inc. the District Court of Massachusetts held that a claim for optimizing the transmission of patient data constituted patent eligible subject matter. The patent disclosed and [Read More…]
June, 13th, 2017
Categories: Articles, Blog Tags: computer, litigation, patent, precedential, software
By Wesley W. Whitmyer, Jr. In denying a motion for partial summary judgment that no reasonable jury could find “sales within the United States” based on Defendant’s products that are “ordered, manufactured, shipped, billed, and [Read More…]
May, 9th, 2017
Categories: Articles, Blog Tags: CAFC, computer, IPR, litigation, patent, precedential, PTAB, USPTO
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…]
February, 14th, 2017
Categories: Blog, News Tags: computer, patent, USPTO, whipgroup
WHIPgroup attorneys successfully appealed rejections for a patent application directed to data packet aggregation for wireless communication. In its Appeal briefs, WHIPgroup differentiated data frame encapsulation taught by wireless networking publications. The Board agreed with [Read More…]
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