Get Your Patent Faster Using Pre-Appeal Briefs

September, 18th, 2018

By Robert D. Keeler There are multiple strategies for addressing Final Office Actions at the USPTO.  WHIPgroup already explained why examiners like RCEs (and why you shouldn’t). One alternative to an RCE – an Appeal [Read More…]

Patent Venue’s “Home Sweet Home” Jurisprudence

September, 11th, 2018

By Christopher Stankus Most corporations know by now that in May 2017, the Supreme Court drastically changed venue law for patent cases in TC Heartland LLC v. Kraft Foods Group Brands LLC. It is not [Read More…]

The Shrinking Menu of Options for Venue: Where to Sue for Patent Infringement

August, 21st, 2018

By Andrew P. Siuta and Andrew E. Kerrick An important strategic decision at the outset of every patent infringement suit is where to file. Rules of the district, its familiarity with patent disputes, the efficiency [Read More…]

Making Provisional Applications Part of Your IP Strategy

August, 2nd, 2018

By Stephen F. W. Ball, Jr. & Sean E. Paquette A provisional application is a type of U.S. patent application that is “informal” in the sense that there are no requirements for acceptance. It does [Read More…]

There’s No Software Exception to the Statutory Presumption of Validity

July, 24th, 2018

By Wesley W. Whitmyer, Jr. & Michael J. Harris The presumption of patent validity springs from the legal concept of administrative correctness.  In other words, The US Patent Office is presumed to have done its [Read More…]

WHIPgroup Obtains PTAB Reversal of Examiner’s Rejection Under § 103

July, 19th, 2018

WHIPgroup attorneys successfully appealed an obviousness rejection for a patent application directed to a flexible medical instrument. WHIPgroup argued that one skilled in the art would not appreciate the prior art’s “pinion and rack gears” [Read More…]

PTAB Takes Mulligan in “Golf Cart” IPR

July, 17th, 2018

By Benjamin N. Luehrs and Hao Zhang Inter Partes Review (IPR) is an effective procedure for invalidating a competitor’s patent whereby a petitioner cites other patents and printed publications (i.e., “prior art”) to argue that [Read More…]

Time to Think Outside the Box: Foreign Patent Filling in China

July, 12th, 2018

By Hao Zhang and Patrick D. Duplessis U.S. inventors seeking to protect their IP rights worldwide often file foreign patent applications in markets where they conduct business or where they are likely to find infringers [Read More…]

Federal Circuit Prescribes a Treatment for § 101 Disorder

July, 3rd, 2018

The Federal Circuit recently provided insight into the complicated issue of § 101 subject matter eligibility for method of treatment claims.  In Vanda Pharmaceuticals Inc v West-Ward Pharmaceuticals, 887 F.3d. 1117 (Fed. Cir. 2018), a [Read More…]

© Copyright 2018 Whitmyer IP Group