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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…]

PTAB Closes in on The “First-to-Derive” in The “First-to-File” Era

March, 27th, 2018

By Benjamin N. Luehrs On March 21, 2018, the Patent Trial and Appeal Board (PTAB) entered uncharted waters when it instituted, for the first time, derivation proceedings between Andersen Corp. and GED Integrated Solutions, Inc., concerning [Read More…]

WHIPgroup Attorney Quoted in Article Regarding Best IPR Practices

March, 19th, 2018

WHIPgroup attorney Robert Keeler was recently interviewed and quoted in a Law360 article regarding motions to exclude evidence in IPR proceedings.  Confronted with the question of why litigants continue to file motions to exclude despite low chances [Read More…]

Postpone Moving to the Reservation

February, 27th, 2018

By Christopher J. Stankus The PTAB recently limited companies’ ability to utilize the doctrine of sovereign immunity to avoid IPR proceedings. Companies have been assigning their patents to state entities and Tribal governments to protect [Read More…]

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