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.
WHIPgroup successfully obtained an Order of Preliminary Injunction in connection with a Complaint and Emergency Motion for Temporary Restraining Order and Preliminary Injunction filed in the U.S. District Court for the Northern District of Georgia [Read More…]
On January 26, 2023, Wes Whitmyer of WHIPgroup will present on patents and trademarks at TechXel’s Venture Expert Series. For event details, click here. View the flyer.
WHIPgroup continues to represent its client’s best interests, filing counterclaims in an ongoing arbitration administered by the American Arbitration Association. WHIPgroup brought claims for breach of contract and unjust enrichment as well as tortious interference [Read More…]