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District Court Illustrates How Specification Can Help or Hurt Patent Eligibility

September, 11th, 2017

By Stephen Ball At issue was a Motion for Summary Judgment that certain claims of U.S. Patent Nos. 5,960,032 (the “‘032 patent”) and RE41,490 (the “‘490 patent”) are patent-ineligible under 35 U.S.C. § 101. Intellectual [Read More…]

IPR Petitions Collapse For Failure to Identify Structure Corresponding to Means-Plus-Function Claims

September, 8th, 2017

By Benjamin N. Luehrs On August 29, 2017, the Patent Trial and Appeal Board (PTAB or “the Board”) issued a pair of decisions denying institution of inter partes review (IPR) because the petitioner failed to [Read More…]

Another PTAB Win for WHIPgroup

August, 21st, 2017

WHIPgroup attorneys successfully appealed rejections for a patent application directed to an endoscope having an improved joining seam on the edge of a window to prevent penetration of moisture into the interior of the endoscope. [Read More…]

PTAB Reverses Rejections of All Claims

August, 1st, 2017

WHIPgroup successfully obtained reversal of rejections for all claims in an Ex Parte Appeal. The computer-implemented invention is directed to secure joining of a computer as a node in a process control system without the [Read More…]

Weathering Hurricane Alice

July, 18th, 2017

By Joseph V. Hajjar The Court’s decision in Alice Corp. v. CLS Bank International unleashed a shockwave on the threshold for patent-eligible subject matter. In the technology center for computer software alone, the percentage of [Read More…]

The Great Chemical Divide: Federal Circuit Suggests the Insubstantial Differences Test for Evaluating Equivalence in Chemical Patent Cases

July, 14th, 2017

By Mackenzie L. Long In 1950 the Supreme Court outlined the two tests for evaluating the doctrine of equivalents in the case, Graver Tank & Mfg. Co. v. Linde Air Products Co., 339 U.S. 605, [Read More…]

Another Ex Parte Appeal Win at the PTAB

July, 5th, 2017

WHIPgroup was again successful in reversing an examiner’s rejection before the Patent Trial and Appeal Board (PTAB). The claimed invention is directed to a drying agent arrangement installed inside an instrument housing of an optical [Read More…]

Shaw-shank Relitigation: District Courts Chiseling Away at Estoppel Provisions

June, 27th, 2017

By Robert D. Keeler Congress established inter partes review (“IPR”) as a less expensive, more efficient method of challenging the validity of a patent. Indeed, Congress explained that the IPR is a “complete[] substitute for [Read More…]

Another Ex Parte Appeal Win at the PTAB

June, 8th, 2017

WHIPgroup was again successful in reversing an examiner’s rejections before the Patent Trial and Appeal Board (PTAB). The claimed invention is directed to a configurable control system for an operating room. At issue were limitations [Read More…]

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