Examiner Reversed on All Obviousness Grounds on Appeal

November, 14th, 2018

WHIPgroup successfully argued to the Patent Trial and Appeal Board that its client’s invention is patentable over an examiner’s rejection.  The claimed invention is directed to a medical instrument that more easily and reliably identifies [Read More…]

Things Crisp Up in the CRISPR-Cas9 Case

October, 30th, 2018

By Mackenzie L. Long In a recent decision, the Federal Circuit Court of Appeals (“CAFC”) handed a win for one CRISPR researcher and a loss for a rival. CRISPR stands for Clustered Regularly Interspaced Short [Read More…]

Out with BRI and In with Phillips: USPTO Adopts Federal Circuit’s Claim Construction Standard for PTAB Proceedings

October, 18th, 2018

By Victor Lin On October 11, 2018, the USPTO officially changed the claim construction standard used by the Patent and Trial and Appeal Board (PTAB) for interpreting claims in post-grant patentability challenges.  The PTAB will [Read More…]

Real Parties at the PTAB – Don’t Leave Anyone Off the Guest List

October, 9th, 2018

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…]

Get Your Patent Faster Using Pre-Appeal Briefs

September, 18th, 2018

By Robert D. Keeler There are multiple strategies for addressing Final Office Actions at the USPTO.  WHIPgroup already explained why examiners like RCEs (and why you shouldn’t). One alternative to an RCE – an Appeal [Read More…]

The Shrinking Menu of Options for Venue: Where to Sue for Patent Infringement

August, 21st, 2018

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…]

Making Provisional Applications Part of Your IP Strategy

August, 2nd, 2018

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…]

There’s No Software Exception to the Statutory Presumption of Validity

July, 24th, 2018

By Wesley W. Whitmyer, Jr. & Michael J. Harris The presumption of patent validity springs from the legal concept of administrative correctness.  In other words, The US Patent Office is presumed to have done its [Read More…]

WHIPgroup Obtains PTAB Reversal of Examiner’s Rejection Under § 103

July, 19th, 2018

WHIPgroup attorneys successfully appealed an obviousness rejection for a patent application directed to a flexible medical instrument. WHIPgroup argued that one skilled in the art would not appreciate the prior art’s “pinion and rack gears” [Read More…]

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