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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…]

Executive Data Systems, Inc. Resolves Trademark Infringement Suit

February, 8th, 2018

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…]

A “Golden Knight” Duel at the TTAB

January, 31st, 2018

  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…]

The Power of Aggressively Protecting your Patent Portfolio

January, 16th, 2018

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…]

Death of the Internet. Really?

December, 19th, 2017

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…]

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…]

CAFC Seemingly Expands Inequitable Conduct to Litigators

November, 14th, 2017

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…]

Court Says ‘I Don’t’ to Wedding Gown Trade Dress Claim

November, 6th, 2017

By Natasha Rodriguez Most consumers recognize clothing brands by the company’s trademark, an identifying symbol or logo, located on the article. In addition to this traditional type of trademark, clothing designers may claim trade dress [Read More…]

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