litigation

April, 4th, 2018

Categories: Articles, Blog Tags: litigation, patent, startup, USPTO

By William Birks III “The court in exceptional cases may award reasonable attorney fees to the prevailing party.” –35 U.S.C. §285 Under Section 285, a court is empowered in exceptional cases to award attorney’s fees to [Read More…]

March, 27th, 2018

Categories: Articles, Blog Tags: litigation, patent, PTAB, USPTO

By Benjamin N. Luehrs On March 21, 2018, the Patent Trial and Appeal Board (PTAB) entered uncharted waters when it instituted, for the first time, derivation proceedings between Andersen Corp. and GED Integrated Solutions, Inc., concerning [Read More…]

February, 27th, 2018

Categories: Articles, Blog Tags: IPR, litigation, patent, PTAB, USPTO

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…]

February, 8th, 2018

Categories: Blog, News Tags: litigation, trademark, whipgroup

WHIPgroup client Executive Data Systems, Inc. (“EDS”) successfully resolved a district court proceeding regarding the use of its ALL-IN-ONE® trademark by Zola Media LLC. The case was filed in the Southern District of New York, [Read More…]

January, 31st, 2018

Categories: Articles, Blog Tags: branding, litigation, trademark, TTAB, USPTO

  By Mackenzie L. Long When you think of the Las Vegas Golden Knights hockey team do you think of the U.S. Army? In 2016 the National Hockey League (NHL) approved the expansion bid for [Read More…]

January, 16th, 2018

Categories: Articles, Blog Tags: computer, litigation, patent, software, USPTO

By Dov Hirsch Just a few days ago, IBM Corp. sued Expedia, Inc. and its subsidiaries for infringing four of its patents. This suit comes only one day after IBM settled a patent dispute over [Read More…]

December, 19th, 2017

Categories: Articles, Blog Tags: 101, computer, litigation, patent, software, startup, USPTO

By Andrew P. Siuta On December 14th, the FCC voted to repeal Net Neutrality regulations that have been in place since 2015. The regulations prevented internet service providers from blocking websites or charging for higher [Read More…]

December, 12th, 2017

Categories: Articles, Blog Tags: CBM, IPR, litigation, patent, precedential, PTAB, USPTO

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…]

November, 22nd, 2017

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

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…]