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Another Ex Parte Appeal Win at the PTAB

July, 5th, 2017

WHIPgroup was again successful in reversing an examiner’s rejection before the Patent Trial and Appeal Board (PTAB). The claimed invention is directed to a drying agent arrangement installed inside an instrument housing of an optical [Read More…]

Shaw-shank Relitigation: District Courts Chiseling Away at Estoppel Provisions

June, 27th, 2017

By Robert D. Keeler Congress established inter partes review (“IPR”) as a less expensive, more efficient method of challenging the validity of a patent. Indeed, Congress explained that the IPR is a “complete[] substitute for [Read More…]

Gene Simmons’ Gesture of Love…or Devil Horns. Can’t tell…

June, 23rd, 2017

By Christina L. Winsor Gene Simmons a/k/a “the Demon” and famous rocker of the band KISS filed a US Federal trademark application, Serial No. 87482739, on June 9, 2017 for “his” devil horns hand gesture [Read More…]

Process for Remote Patient Monitoring Is Patent Eligible

June, 21st, 2017

By Andrew P. Siuta In Cardionet, LLC, v. Infobionic, Inc. the District Court of Massachusetts held that a claim for optimizing the transmission of patient data constituted patent eligible subject matter. The patent disclosed and [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…]

Recent Supreme Court Decision Enhances Fashion Design IP Rights

April, 13th, 2017

By Chelsea A. Russell Protecting fashion designs through intellectual property rights has always been an important aim of the fashion industry. When you think of knockoffs your mind immediately drawn to handbags, designer imitations, and [Read More…]

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