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Sec. 101 Motions: Patent Panacea or Plague?

April, 12th, 2018

By Wesley W. Whitmyer, Jr. Motions to Dismiss on grounds that patents fail to claim patent-eligible subject matter, so called 101 or Alice Motions, have proliferated like dandelions in spring.  It’s the defense du jour for alleged infringers lacking prior [Read More…]

Section 285 Does Not Require Pre-Filing Purchase

April, 4th, 2018

By William Birks III “The court in exceptional cases may award reasonable attorney fees to the prevailing party.” –35 U.S.C. §285 Under Section 285, a court is empowered in exceptional cases to award attorney’s fees to [Read More…]

AI Analyst Adrian Bowles to speak at WHIPgroup April 17 Meetup

March, 26th, 2018

On Tuesday, April 17, at 6PM, educator, analyst, and author Adrian Bowles will present on Artificial Intelligence at the WHIPgroup Tech Entrepreneur Meetup. AI plays an increasing role in our lives as companies learn to [Read More…]

March 20 Meetup Recap

March, 23rd, 2018

Thanks to all those able to join us for the March 20 Meetup, and a special thanks to Wes Whitmyer for presenting! Wes led a very informative discussion on branding in the internet age, and [Read More…]

Commercial Space Race Highlights Differences Between Patent And Trade Secret Protection

March, 13th, 2018

By Victor P. Lin The commercial space race is heating up.  In December 2017, Blue Origin conducted a successful sub-orbital flight and landing of its New Shepard 3 spacecraft, which carried a capsule manned by a [Read More…]

eSports, and the Power of an Established Brand

March, 6th, 2018

By Robert D. Keeler The next time you turn on the TV to watch the Olympics, you may see athletes with keyboards and mice instead of javelins or shot put balls. The International Olympic Committee recently [Read More…]

WHIPgroup to host March MeetUp – Buttoned-up branding and IP Advice

March, 6th, 2018

Starting a company? Creating a Product? Re-branding? Trademark and other IP protection should be top of mind. Come to the WHIPgroup Tech Entrepreneur MeetUp on Tuesday, March 20, for “Buttoned-up Branding and IP Advice,” a [Read More…]

Why Examiners Like RCEs (and why you shouldn’t)

February, 12th, 2018

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…]

Straight Talk About Brand Identity: Part 2/2 Use, Registration and Policing

January, 10th, 2018

Several years ago I started my own patent and trademark law firm. To brand the firm, I applied lessons learned from clients of all sizes in nearly 30 years of practicing trademark law. I also [Read More…]

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