February, 12th, 2018
Categories: Articles, Blog Tags: patent, PTAB, RCE, startup, USPTO
By Stephen F.W. Ball, Jr. The USPTO’s “count system” is used to try to objectively measure examiner performance, and the categories “production” and “docket management” are over half of overall examiner performance measurement.[1] The reason it [Read More…]
February, 7th, 2018
Categories: Articles, Blog, News Tags: patent, PTAB, USPTO, whipgroup
WHIPgroup attorneys were successful in reversing all prior art rejections of claims directed to a medical apparatus for mounting a sheath onto the distal end of a surgical shaft instrument. WHIPgroup argued that the cited [Read More…]
February, 6th, 2018
Categories: Articles, Blog, News Tags: patent, PTAB, USPTO, whipgroup
WHIPgroup is pleased to announce that it continued its successful trend of wins before the Patent Trial and Appeal Board. Of the 16 decisions WHIPgroup obtained in 2017, 13 resulted in a reversal of the [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, 24th, 2017
Categories: Articles, Blog, News Tags: patent, PTAB, USPTO, whipgroup
WHIPgroup attorneys successfully appealed an obviousness rejection for a patent application directed to a medical instrument with a touch screen movable between a first position within a housing footprint and a second position extended from [Read More…]
September, 27th, 2017
Categories: Articles, Blog, News Tags: PTAB
WHIPgroup triumphs before Patent Trial and Appeal Board (PTAB) in obtaining a pivotal decision that reverses rejections under 35 U.S.C. §§ 101 & 112. The claimed invention is directed to a device and method for [Read More…]
September, 26th, 2017
Categories: Articles, Blog Tags: IPR, litigation, patent, PTAB, software, USPTO
By Michael J. Kosma A Magistrate Judge in the Eastern District of Texas recently issued a report and recommendation finding that a plaintiff’s infringement claims were estopped due to prosecution disclaimer from statements made in [Read More…]
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