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…]
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…]
December, 12th, 2017
Categories: Articles, Blog Tags: CBM, IPR, litigation, patent, precedential, PTAB, USPTO
By Benjamin N. Luehrs In a recent precedential opinion, the PTAB adopted a seven-factor test for determining whether to institute a “follow-on” IPR petition.[1] Follow-on petitions seek to invalidate the same claims as a previous IPR [Read More…]
November, 22nd, 2017
Categories: Articles, Blog Tags: CAFC, IPR, litigation, patent, precedential, PTAB, USPTO
By Robert D. Keeler Inter partes review (“IPR”) proceedings are infamous for their high patent invalidation rate. To protect against wholesale patent loss, Congress gave Patent Owners the right to make narrowing amendments to any challenged [Read More…]
November, 14th, 2017
Categories: Articles, Blog Tags: CAFC, chemical, litigation, patent, precedential, PTAB, USPTO
By Christopher J. Stankus Patent prosecution attorneys are well aware of their duty of candor to the PTO. However, in Regeneron Pharmaceuticals, Inc. v. Merus N.V., No. 2016-1346 (Fed. Cir. July 27, 2017), the Federal Circuit [Read More…]
October, 31st, 2017
Categories: Articles, Blog Tags: litigation, precedential, trademark, TTAB, USPTO
By Chelsea A. Russell In the digital age, it is commonplace for consumers to be familiar with companies and products not for sale in their country. The internet has created a market in which companies [Read More…]
August, 29th, 2017
Categories: Articles, Blog Tags: litigation, patent, precedential
By Patrick D. Duplessis In the recent holding in Georgetown Rail v. Holland (Fed. Cir. August 1, 2017), the Federal Circuit again addressed the question of whether a patent claim preamble is limiting. A patent [Read More…]
August, 8th, 2017
Categories: Articles, Blog Tags: CAFC, precedential, trademark, TTAB, USPTO
By Christopher J. Stankus On July 27, 2017, the Federal Circuit vacated and remanded for reconsideration the TTAB’s finding that the mark EARNHARDT COLLECTION is not primarily merely a surname because it was unclear whether [Read More…]
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