February, 7th, 2017
Categories: Articles, Blog Tags: patent, PTAB
By Patrick D. Duplessis The 11th Amendment to the U.S. Constitution limits the judicial authority of the federal courts to subject a state to an unconsented lawsuit, and precludes certain adjudicative administrative proceedings from adjudicating [Read More…]
January, 25th, 2017
Categories: Articles, Blog, News Tags: patent, PTAB, USPTO, whipgroup
After an oral argument before the Patent Trial and Appeal Board, WHIPgroup secured a written opinion reversing the Examiner’s rejection of claims covering computerized control systems and related software for providing control of real world [Read More…]
January, 24th, 2017
Categories: Articles, Blog Tags: patent, PTAB, USPTO
By Paul L. Fraulo In ex parte Schulhauser, a decision recently designated precedential, the Patent Trial and Appeal Board (“PTAB”) construed a method claim with separate steps reciting mutually exclusive conditions precedent: A method for [Read More…]
January, 23rd, 2017
Categories: Articles, Blog, News Tags: litigation, patent, PTAB, trademark, TTAB, USPTO, whipgroup
Our practice continues to grow and thrive. Notable accomplishments over the past year include: Achieved an extraordinary success rate (~80%) with the new P3 Program, obtaining reversals on dozens of final patent rejections without the [Read More…]
January, 10th, 2017
Categories: Articles, Blog Tags: CBM, IPR, patent, PTAB, USPTO
By Robert D. Keeler Under the AIA, the PTAB can deny institution of an IPR, CBM, or PGR because “the same or substantially the same prior art or arguments previously were presented to the Office.” [Read More…]
January, 3rd, 2017
Categories: Articles, Blog, News Tags: patent, PTAB, USPTO, whipgroup
WHIPgroup secured a favorable decision by the Patent Trial and Appeal Board, reversing all rejections of an application directed to machine type identification. Without an oral hearing, WHIPgroup persuaded the Board through its briefings that [Read More…]
December, 15th, 2016
Categories: Articles, Blog Tags: IPR, PTAB, startup, USPTO
By Paul L. Fraulo An Inter Partes Review (IPR) is a trial proceeding before the United States Patent and Trademark Office (USPTO) that serves as a powerful tool to challenge the validity of a U.S. [Read More…]
November, 22nd, 2016
Categories: Articles, Blog Tags: 101, CAFC, CBM, PTAB, USPTO
By Michael J. Kosma, Michael A. Lavine On November 21, the United States Court of Appeals for the Federal Circuit held that the United States Patent and Trademark Office (“USPTO”) had improperly expanded the definition [Read More…]
October, 25th, 2016
Categories: Articles, Blog Tags: PTAB, testimony
By Michael A. Lavine At the PTAB, new testimony evidence (NTE) is evidence that was prepared specifically for the purposes of the IPR, CBM, or PGR proceeding at issue, and it often includes declarations from [Read More…]
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