WHIPgroup was again successful in reversing an examiner’s rejections before the Patent Trial and Appeal Board (PTAB). The claimed invention is directed to a configurable control system for an operating room. At issue were limitations that “the operating room control system is soft configurable such that the icons and the video output are configured and presented on said touchscreen based upon a user’s defined configuration.” This allows a user to predefine and change configurations for maximum freedom. The Examiner rejected the claims on the basis that a prior art control system has “equivalent structure.” On Appeal, WHIPgroup argued that the claimed system requires a particularly programmed machine and the prior art failed to show configurable icons for control of medical equipment. The Board agreed with WHIPgroup’s arguments and reversed the Examiner, rejecting the Examiner’s inherency arguments that the prior art was “capable of” the claimed configurability.
By Wesley W. Whitmyer, Jr. Not every person is a match for every job. Patents are expensive and complicated legal documents. No less authority than the US Supreme Court noted long ago that “[t]he specification [Read More…]
By William L Birks III In a patent infringement suit, plaintiffs often seek damages for lost sales of infringing products. While this is the most obvious source of recovery, opportunities for larger damage rewards may [Read More…]
WHIPgroup recently made appearances on behalf of client WhitServe LLC in two IPRs brought by Dropbox Inc. The IPRs were filed in response to WhitServe’s patent infringement lawsuit against Dropbox Inc. in the District of Delaware. WhitServe’s U.S. Patent [Read More…]