June, 13th, 2017
Categories: Articles, Blog Tags: computer, litigation, patent, precedential, software
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…]
June, 7th, 2017
Categories: Articles, Blog Tags: CAFC, precedential, trademark, TTAB
By Michael J. Kosma In Joseph Phelps Vineyards, LLC v. Fairmont Holdings, LLC, [2016-1089] (May 24, 2017), the Federal Circuit was “perplexed” by the TTAB’s finding that Phelp’s INSIGNIA wine has no “fame,” giving no [Read More…]
May, 23rd, 2017
Categories: Blog, News Tags: litigation, patent, precedential, whipgroup
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…]
May, 9th, 2017
Categories: Articles, Blog Tags: CAFC, computer, IPR, litigation, patent, precedential, PTAB, USPTO
By Benjamin N. Luehrs A patentee can overcome obvious-type rejections by establishing that a prior art reference “teaches away” from the applicant’s invention. This argument is often difficult to make, however. Unless the prior art [Read More…]
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…]
© Copyright 2022 Whitmyer IP Group