April, 24th, 2018
Categories: Articles, Blog, News Tags: CBM, IPR, litigation, patent, precedential, PTAB, USPTO, whipgroup
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…]
April, 23rd, 2018
Categories: Blog, News Tags: 101, patent, precedential, USPTO, whipgroup
The U.S. Patent and Trademark Office has issued a guidance memo implementing the recent holding of the Federal Circuit in Berkheimer v. HP, Inc. The USPTO Memorandum clarifies the inquiry into whether a claim limitation represents well-understood, routine, [Read More…]
April, 12th, 2018
Categories: Articles, Blog, News Tags: 101, CAFC, chemical, computer, litigation, patent, software, startup, USPTO, whipgroup
By Wesley W. Whitmyer, Jr. Motions to Dismiss on grounds that patents fail to claim patent-eligible subject matter, so called 101 or Alice Motions, have proliferated like dandelions in spring. It’s the defense du jour for alleged infringers lacking prior [Read More…]
April, 6th, 2018
Categories: Articles, Blog, News Tags: 101, computer, patent, PTAB, USPTO, whipgroup
WHIPgroup continues its success in reversing rejections under 35 U.S.C. § 101 before the Patent Trial and Appeal Board (PTAB). Claims for a method of identifying a fault condition in an electrical machine were rejected [Read More…]
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…]
March, 19th, 2018
Categories: Articles, Blog, News Tags: IPR, patent, PTAB, whipgroup
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…]
March, 13th, 2018
Categories: Articles, Blog Tags: patent, startup
By Victor P. Lin The commercial space race is heating up. In December 2017, Blue Origin conducted a successful sub-orbital flight and landing of its New Shepard 3 spacecraft, which carried a capsule manned by a [Read More…]
March, 6th, 2018
Categories: Blog, Events Tags: branding, patent, startup, trademark, whipgroup
Starting a company? Creating a Product? Re-branding? Trademark and other IP protection should be top of mind. Come to the WHIPgroup Tech Entrepreneur MeetUp on Tuesday, March 20, for “Buttoned-up Branding and IP Advice,” a [Read More…]
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