USPTO

April, 24th, 2018

Categories: Articles, Blog, News Tags: CBM, IPR, litigation, patent, precedential, PTAB, USPTO, whipgroup

By Dov Hirsch   Today, the U.S. Supreme Court has issued two important patent related decisions regarding Inter Partes Reviews (“IPR”) under the America Invent Act. In Oil States Energy Services, LLC V. Greene’s Energy Group, [Read More…]

April, 23rd, 2018

Categories: Blog, News Tags: 101, patent, precedential, USPTO, whipgroup

The U.S. Patent and Trademark Office has issued a guidance memo implementing the recent holding of the Federal Circuit in Berkheimer v. HP, Inc. The USPTO Memorandum clarifies the inquiry into whether a claim limitation represents well-understood, routine, [Read More…]

April, 12th, 2018

Categories: Articles, Blog, News Tags: 101, CAFC, chemical, computer, litigation, patent, software, startup, USPTO, whipgroup

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…]

April, 6th, 2018

Categories: Articles, Blog, News Tags: 101, computer, patent, PTAB, USPTO, whipgroup

WHIPgroup continues its success in reversing rejections under 35 U.S.C. § 101 before the Patent Trial and Appeal Board (PTAB). Claims for a method of identifying a fault condition in an electrical machine were rejected [Read More…]

April, 4th, 2018

Categories: Articles, Blog Tags: litigation, patent, startup, USPTO

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…]

March, 27th, 2018

Categories: Articles, Blog Tags: litigation, patent, PTAB, USPTO

By Benjamin N. Luehrs On March 21, 2018, the Patent Trial and Appeal Board (PTAB) entered uncharted waters when it instituted, for the first time, derivation proceedings between Andersen Corp. and GED Integrated Solutions, Inc., concerning [Read More…]

February, 27th, 2018

Categories: Articles, Blog Tags: IPR, litigation, patent, PTAB, USPTO

By Christopher J. Stankus The PTAB recently limited companies’ ability to utilize the doctrine of sovereign immunity to avoid IPR proceedings. Companies have been assigning their patents to state entities and Tribal governments to protect [Read More…]

February, 14th, 2018

Categories: Blog, News Tags: patent, USPTO, whipgroup

WHIPgroup attorneys filed a Pre-Appeal Brief in a patent application related to a method for providing a fault tolerance in an industrial automation and control system. The Examiner had rejected all claims as allegedly being [Read More…]

February, 12th, 2018

Categories: Articles, Blog Tags: patent, PTAB, RCE, startup, USPTO

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…]