new-email-outline

PTAB Reverses 101 Rejection for Internet Technology

May, 19th, 2017

By Stephen Ball For practitioners who specialize in computer-implemented inventions, the last several years have been challenging while the USPTO has struggled to consistently apply precedent defining the scope of patentable subject matter. Internet-based technologies [Read More…]

Dislike v. Discourage: The Metes and Bounds of Successful “Teaching Away” Arguments

May, 9th, 2017

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…]

Federal Circuit Clarifies Post-AIA On-Sale Bar

May, 3rd, 2017

By Patrick D. Duplessis In the recent holding in Helsinn Healthcare S.A. v. Teva Pharmaceuticals (Fed. Cir. May 1, 2017), the Federal Circuit addressed the question of whether the Leahy–Smith America Invents Act (the “AIA”) [Read More…]

The Importance of Obviousness Arguments in an IPR

April, 26th, 2017

By Paul L. Fraulo and Victor P. Lin An inter partes review (IPR) provides an opportunity to challenge the patentability of one or more claims of a patent under 35 U.S.C. § 102 (anticipation) and [Read More…]

Recent Supreme Court Decision Enhances Fashion Design IP Rights

April, 13th, 2017

By Chelsea A. Russell Protecting fashion designs through intellectual property rights has always been an important aim of the fashion industry. When you think of knockoffs your mind immediately drawn to handbags, designer imitations, and [Read More…]

WHIPgroup Wins Trademark Opposition Trial

March, 29th, 2017

In a rare full trial proceeding before the Trademark Trial and Appeal Board, WHIPgroup prevailed in a trademark opposition on behalf of its client Hybrid Athletics, LLC. During its trial period, Hybrid offered an abundance [Read More…]

Trademark Office Enacts New Audit Program for Declarations of Trademark Use

March, 28th, 2017

By Walter B. Welsh Effective March 21, 2017, the USPTO is auditing declarations and affidavits of trademark use submitted under sections 8 and 71 (“declarations”). The program comes in response to a pilot study that [Read More…]

Trio of District Court Cases Give Software Patent Owners Hope After Alice

February, 14th, 2017

By Wesley W. Whitmyer, Jr. Summary Judgment decisions from California, Texas and Delaware early in 2017 refuse to find asserted software patents invalid under 35 USC § 101 after applying the first step of Alice [Read More…]

Whitmyer IP Group Files Trademark Infringement Lawsuit in District of Massachusetts

February, 6th, 2017

On February 6, 2017, WHIPgroup attorneys filed a trademark infringement lawsuit against Microline Surgical, Inc. (“Microline”) on behalf of Karl Storz Endoscopy-America, Inc. (“Karl Storz”). Karl Storz is an industry leader in the creation, manufacture [Read More…]

© Copyright 2024 Whitmyer IP Group