precedential

January, 2nd, 2019

Categories: Articles, Blog Tags: 101, CAFC, CBM, chemical, computer, IPR, patent, precedential, PTAB, RCE, software, USPTO, whipgroup

By Christopher J. Stankus We find ourselves reflecting on 2018’s patent law developments as we welcome the New Year. One notable advancement is the USPTO’s efforts to aid examiners and clarify the law on Section [Read More…]

November, 20th, 2018

Categories: Articles, Blog Tags: 101, CAFC, computer, litigation, patent, precedential, software, startup, whipgroup

By Stephen F.W. Ball, Jr. Motions to dismiss, also called 12(b)(6) motions, have been used to eviscerate patent rights on the basis that a patent is allegedly directed to an “abstract concept” and thus lacks [Read More…]

November, 15th, 2018

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

By Patrick D. Duplessis In a petition filed this month with the U.S. Supreme Court, patent owner Cave Consulting Group (CCGroup) draws attention to a persistent split at the Federal Circuit concerning foundational claim construction [Read More…]

October, 24th, 2018

Categories: Articles, Blog Tags: patent, precedential, USPTO, whipgroup

By William L. Birks III Palensetron U.S. 8,598,2019 (Col. 3, Lines 53-65)   35 U.S.C. 102 states “A person shall be entitled to a patent unless— (1) the claimed invention was patented, described in a printed [Read More…]

October, 9th, 2018

Categories: Articles, Blog Tags: CAFC, IPR, litigation, patent, precedential, PTAB, whipgroup

By Benjamin N. Luehrs In a recent decision, the Federal Circuit Court of Appeals (“the CAFC”) reinvigorated the definition of “real party in interest” (hereinafter “RPI”) as found in the Patent Act, 35 U.S.C. §§  [Read More…]

September, 11th, 2018

Categories: Articles, Blog Tags: CAFC, litigation, patent, precedential, software, startup, testimony, USPTO, whipgroup

By Christopher Stankus Most corporations know by now that in May 2017, the Supreme Court drastically changed venue law for patent cases in TC Heartland LLC v. Kraft Foods Group Brands LLC. It is not [Read More…]

August, 21st, 2018

Categories: Articles, Blog Tags: CAFC, computer, litigation, patent, precedential, PTAB, software, startup, USPTO, whipgroup

By Andrew P. Siuta and Andrew E. Kerrick An important strategic decision at the outset of every patent infringement suit is where to file. Rules of the district, its familiarity with patent disputes, the efficiency [Read More…]

August, 2nd, 2018

Categories: Articles, Blog Tags: chemical, computer, litigation, patent, precedential, PTAB, software, startup, USPTO, whipgroup

By Stephen F. W. Ball, Jr. & Sean E. Paquette A provisional application is a type of U.S. patent application that is “informal” in the sense that there are no requirements for acceptance. It does [Read More…]

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…]