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The Great Chemical Divide: Federal Circuit Suggests the Insubstantial Differences Test for Evaluating Equivalence in Chemical Patent Cases

July, 14th, 2017

By Mackenzie L. Long In 1950 the Supreme Court outlined the two tests for evaluating the doctrine of equivalents in the case, Graver Tank & Mfg. Co. v. Linde Air Products Co., 339 U.S. 605, [Read More…]

WHIPgroup Obtains Allowance Using the AFCP Program

July, 14th, 2017

After receiving a final rejection in U.S. Patent App. No. 14/282,391, WHIPgroup attorneys filed a Response including a request for participation in the After Final Consideration Pilot (AFCP) Program. In a subsequent interview, WHIPgroup attorneys [Read More…]

Another Ex Parte Appeal Win at the PTAB

July, 5th, 2017

WHIPgroup was again successful in reversing an examiner’s rejection before the Patent Trial and Appeal Board (PTAB). The claimed invention is directed to a drying agent arrangement installed inside an instrument housing of an optical [Read More…]

Process for Remote Patient Monitoring Is Patent Eligible

June, 21st, 2017

By Andrew P. Siuta In Cardionet, LLC, v. Infobionic, Inc. the District Court of Massachusetts held that a claim for optimizing the transmission of patient data constituted patent eligible subject matter. The patent disclosed and [Read More…]

Can’t Avoid Infringement Liability For Overseas Deliveries Merely By Off-Shoring Manufacturing

June, 13th, 2017

By Wesley W. Whitmyer, Jr. In denying a motion for partial summary judgment that no reasonable jury could find “sales within the United States” based on Defendant’s products that are “ordered, manufactured, shipped, billed, and [Read More…]

Another Ex Parte Appeal Win at the PTAB

June, 8th, 2017

WHIPgroup was again successful in reversing an examiner’s rejections before the Patent Trial and Appeal Board (PTAB). The claimed invention is directed to a configurable control system for an operating room. At issue were limitations [Read More…]

TC Heartland LLC v. Kraft Foods Group Brands LLC

May, 23rd, 2017

On May 22, the Supreme Court held that defendants in patent litigation can only be sued in districts where they are incorporated or have a principal place of business. The decision, TC Heartland LLC v. [Read More…]

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…]

WHIPgroup Wins Another Appeal at Patent Trial and Appeal Board

May, 17th, 2017

After a video conference oral argument before the Patent Trial and Appeal Board, WHIPgroup attorneys secured a written opinion reversing anticipation and obviousness rejections of patents claims from the Patent Office. The patent application claims [Read More…]

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