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…]

PTAB Takes Mulligan in “Golf Cart” IPR

July, 17th, 2018

By Benjamin N. Luehrs and Hao Zhang Inter Partes Review (IPR) is an effective procedure for invalidating a competitor’s patent whereby a petitioner cites other patents and printed publications (i.e., “prior art”) to argue that [Read More…]

Outcome-Secured Litigation Financing: Offsetting Your Costs

June, 19th, 2018

By Christopher J. Stankus & Michael J. Harris Is a competitor infringing your patent, but you can’t afford the legal fees to pursue your claim? Or would you rather invest capital to grow your business instead of paying [Read More…]

Supreme Court Holds IPR Patent Challenges Constitutional

April, 24th, 2018

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…]

WHIPgroup Wins On Appeal Reversing § 101 Rejections

April, 6th, 2018

WHIPgroup continues its success in reversing rejections under 35 U.S.C. § 101 before the Patent Trial and Appeal Board (PTAB). Claims for a method of identifying a fault condition in an electrical machine were rejected [Read More…]

© Copyright 2018 Whitmyer IP Group