DELIVERING Results
February 18, 2016
In Synopsys, Inc. v. Mentor Graphics Corp. (Feb. 10, 2016), the Federal Circuit held that the Patent Trial and Appeal Board (PTAB) is not required to address every claim challenged in a petition for inter…
Federal District Court Finds Issue Preclusion based on TTAB Fraud Finding:February 16, 2016
Following the U.S. District Court for the District Court of Maryland’s recent decision applying issue preclusion for a TTAB priority finding in Ashe v. PNC Financial Services Group, Inc., Case No.: PWG-15-144 (D. Md. November…
Federal Circuit Decides No PTA for PTO Delay in Sending Corrected Restriction Req.January 27, 2016
The Federal Circuit upheld the district court’s decision to deny patent term adjustment of 197 days of USPTO delay in sending a corrected Restriction Requirement. The CAFC held that “because the initial restriction requirement placed…
Congratulations to Andrew B. Freistein On Becoming a Wenderoth PartnerJanuary 4, 2016
We are pleased to announce that Andrew B. Freistein became a partner of Wenderoth on January 1, 2016. Andrew is a registered patent attorney and specializes in preparing and prosecuting patent applications in the chemical…
Congratulations to Stephen W. Kopchik On Becoming a Wenderoth PartnerJanuary 4, 2016
We are pleased to announce that Stephen W. Kopchik became a partner of Wenderoth on January 1, 2016. Stephen is a registered patent attorney in the firm's electrical and mechanical practice group, where his practice…
Federal District Court Cites B&B Hardware and Applies Issue PreclusionNovember 24, 2015
In B&B Hardware, Inc. v. Hargis Industries, Inc., 135 S. Ct. 1293 (2015) (“B&B Hardware”) the Supreme Court held that TTAB decisions concerning likelihood of confusion can have a preclusive effect in subsequent district court…
Collaborative Search Pilot Program for ApplicantsNovember 3, 2015
On August 1, 2015, the USPTO established the Collaborative Search Pilot Program (CSP), which provides Applicants having corresponding applications at the USPTO and either the JPO or KIPO with accelerated examination and preliminary search and…
USPTO Revises the M.P.E.P.November 3, 2015
On October 29, 2015, the USPTO issued the Ninth Edition, Revision 07.2015, of the Manual of Patent Examination Procedure (M.P.E.P), which incorporates changes to the laws, rules, and practice necessitated by, or made as a…
The Diminished Value of Product-By-Process ClaimsOctober 30, 2015
A Product-by-Process (PBP) claim defines a product by its method of production. MPEP 2113. Even though PBP claims are defined by the recited process, patentability of the claim is determined based on the product itself…
QPIDS Pilot Program Extended Through September 30, 2016October 26, 2015
The USPTO has extended the Quick Path Information Disclosure Statement (QPIDS) pilot program through September 30, 2016. The QPIDS pilot program was implemented to eliminate the requirement for processing of a request for continued examination (RCE)…