litigation

May, 3rd, 2017

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

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…]

April, 26th, 2017

Categories: Articles, Blog Tags: litigation, patent, precedential

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…]

April, 13th, 2017

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

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…]

March, 29th, 2017

Categories: Articles, News Tags: litigation, trademark, TTAB, whipgroup

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…]

March, 28th, 2017

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

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…]

February, 14th, 2017

Categories: Articles, Blog Tags: 101, litigation, patent, software

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…]

February, 6th, 2017

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

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…]

January, 31st, 2017

Categories: Articles, Blog Tags: 101, CAFC, litigation, patent, software

The Federal Circuit, in Trading Technologies International, Inc. v. CQG, Inc. et al., found claims covering a graphical user interface (GUI) for electronic trading of stocks to be patent eligible under 35 U.S.C. § 101.[1] [Read More…]

January, 23rd, 2017

Categories: Articles, Blog, News Tags: litigation, patent, PTAB, trademark, TTAB, USPTO, whipgroup

Our practice continues to grow and thrive. Notable accomplishments over the past year include: Achieved an extraordinary success rate (~80%) with the new P3 Program, obtaining reversals on dozens of final patent rejections without the [Read More…]