Case Dismissed: How Pleading May Affect 101 Analysis

November, 20th, 2018

By Stephen F.W. Ball, Jr. Motions to dismiss, also called 12(b)(6) motions, have been used to eviscerate patent rights on the basis that a patent is allegedly directed to an “abstract concept” and thus lacks [Read More…]

WHIPgroup Obtains Allowance Using the AFCP Program

November, 16th, 2018

WHIPgroup obtained another patent allowance using the After Final Consideration Pilot (AFCP) Program. In U.S. Application No. 15/239,469 directed to an eccentric well pipe, a Final Office Action rejected pending claims for obviousness. WHIPgroup attorneys [Read More…]

WHIPgroup Succeeds in Overcoming Rejections with Pre-Appeal Brief Review

November, 15th, 2018

WHIPgroup attorneys were successful in using the Pre-Appeal Brief Review program to overcome a final rejection.  During prosecution, the USPTO rejected claims directed to a method for actively damping oscillations in a compression process as [Read More…]

Supreme Court Petition Highlights Split at Federal Circuit Concerning Role of the Specification in Claim Construction

November, 15th, 2018

By Patrick D. Duplessis In a petition filed this month with the U.S. Supreme Court, patent owner Cave Consulting Group (CCGroup) draws attention to a persistent split at the Federal Circuit concerning foundational claim construction [Read More…]

Examiner Reversed on All Obviousness Grounds on Appeal

November, 14th, 2018

WHIPgroup successfully argued to the Patent Trial and Appeal Board that its client’s invention is patentable over an examiner’s rejection.  The claimed invention is directed to a medical instrument that more easily and reliably identifies [Read More…]

“OMG. How’d They Get a Patent on a Thing Like That?” (Part 1 of 2)

November, 13th, 2018

By Wesley W. Whitmyer, Jr. I have been asked this question hundreds of times. You can probably guess that the person doing the asking has just been accused of patent infringement. What you probably can’t guess [Read More…]

Combating Cyber Security Challenges In An Interconnected World

November, 2nd, 2018

In the rapidly developing landscape of mobile phones, connected devices, and social networks, new vulnerabilities exist for motivated adversaries to exploit.  Failure to prioritize cyber security strategy can be fatal to the long-term success of [Read More…]

Things Crisp Up in the CRISPR-Cas9 Case

October, 30th, 2018

By Mackenzie L. Long In a recent decision, the Federal Circuit Court of Appeals (“CAFC”) handed a win for one CRISPR researcher and a loss for a rival. CRISPR stands for Clustered Regularly Interspaced Short [Read More…]

Can On-Sale Bar Apply to “Secret Sales”?

October, 24th, 2018

By William L. Birks III Palensetron U.S. 8,598,2019 (Col. 3, Lines 53-65)   35 U.S.C. 102 states “A person shall be entitled to a patent unless— (1) the claimed invention was patented, described in a printed [Read More…]

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