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PTAB Reverses 101 Rejection for Internet Technology

May, 19th, 2017

By Stephen Ball For practitioners who specialize in computer-implemented inventions, the last several years have been challenging while the USPTO has struggled to consistently apply precedent defining the scope of patentable subject matter. Internet-based technologies [Read More…]

WHIPgroup Wins Another Appeal at Patent Trial and Appeal Board

May, 17th, 2017

After a video conference oral argument before the Patent Trial and Appeal Board, WHIPgroup attorneys secured a written opinion reversing anticipation and obviousness rejections of patents claims from the Patent Office. The patent application claims [Read More…]

Dislike v. Discourage: The Metes and Bounds of Successful “Teaching Away” Arguments

May, 9th, 2017

By Benjamin N. Luehrs A patentee can overcome obvious-type rejections by establishing that a prior art reference “teaches away” from the applicant’s invention. This argument is often difficult to make, however. Unless the prior art [Read More…]

Federal Circuit Clarifies Post-AIA On-Sale Bar

May, 3rd, 2017

By Patrick D. Duplessis In the recent holding in Helsinn Healthcare S.A. v. Teva Pharmaceuticals (Fed. Cir. May 1, 2017), the Federal Circuit addressed the question of whether the Leahy–Smith America Invents Act (the “AIA”) [Read More…]

PTAB Adopts WHIPgroup’s Arguments and Reverses Rejections for Software Case

May, 1st, 2017

WHIPgroup successfully persuaded the PTAB to reverse rejections for a computer-implemented invention. The invention is directed to a control system for a materials separation process that can be used for pulp and paper production. The [Read More…]

Intangible Assets: Motions to Exclude Are More Valuable than the Stats Suggest

April, 10th, 2017

By Robert D. Keeler Either party may file a Motion to Exclude Evidence in a post-grant proceeding without prior permission from the PTAB. These evidentiary challenges provide a potential avenue to limit your opponent’s trial [Read More…]

WHIPgroup Successfully Invalidates Medical Device Patent In PTAB Inter Partes Review Proceeding

March, 16th, 2017

On March 8, 2017, the Patent Trial and Appeal Board (PTAB) found all claims of U.S. Patent No. 7,420,151 (“the ‘151 patent”) unpatentable following an inter partes review (IPR) trial. The ‘151 Patent is directed [Read More…]

The P3 Program Warrants Extension

March, 10th, 2017

By Benjamin N. Luehrs and Robert D. Keeler On January 12, 2017, the USPTO’s Post-Prosecution Pilot (P3) Program concluded its six-month term, having accepted over 1,500 applications. P3’s aim was (1) to increase communication between [Read More…]

The Broadest Reasonable Interpretation Does Not Mean Broadest Possible Interpretation

February, 28th, 2017

By Stephen F.W. Ball, Jr. WHIPgroup attorneys were successful in overturning all rejections on Appeal of a patent application directed to time slot allocation for wireless networking. The inventors came up with a new and [Read More…]

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