There’s No Software Exception to the Statutory Presumption of Validity

July, 24th, 2018

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…]

PTAB Takes Mulligan in “Golf Cart” IPR

July, 17th, 2018

By Benjamin N. Luehrs and Hao Zhang Inter Partes Review (IPR) is an effective procedure for invalidating a competitor’s patent whereby a petitioner cites other patents and printed publications (i.e., “prior art”) to argue that [Read More…]

Outcome-Secured Litigation Financing: Offsetting Your Costs

June, 19th, 2018

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…]

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…]

WHIPgroup Attorney Quoted in Article Regarding Best IPR Practices

March, 19th, 2018

WHIPgroup attorney Robert Keeler was recently interviewed and quoted in a Law360 article regarding motions to exclude evidence in IPR proceedings.  Confronted with the question of why litigants continue to file motions to exclude despite low chances [Read More…]

Postpone Moving to the Reservation

February, 27th, 2018

By Christopher J. Stankus The PTAB recently limited companies’ ability to utilize the doctrine of sovereign immunity to avoid IPR proceedings. Companies have been assigning their patents to state entities and Tribal governments to protect [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…]

Amending Burdens: Federal Circuit Changes Law so IPR Petitioners Must Prove Amended Claims Unpatentable

November, 22nd, 2017

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…]

IPR Estoppel – Anything You Say May Be Used Against You In A Court Of Law

September, 26th, 2017

By Michael J. Kosma A Magistrate Judge in the Eastern District of Texas recently issued a report and recommendation finding that a plaintiff’s infringement claims were estopped due to prosecution disclaimer from statements made in [Read More…]

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