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.
Under U.S. law, anyone who uses a system that is likely to have been made by a patented process, and who does not demonstrate that the system was not made by the patented process, is [Read More…]
Recently, WHIPGROUP engaged in an arbitration that included a five day hearing in the City. Here are some thoughts about why arbitration is different (not clearly better or worse) than litigation. Venue The AAA arbitral [Read More…]
WHIPGroup previously filed a Motion to Dismiss a patent infringement suit filed against its client TomTom in the Western District of Texas. Rather than opposing WHIPGroup’s motion to dismiss, Plaintiff MDSP Technologies LLC voluntarily dismissed [Read More…]