Following a Pre-Appeal Brief filed by WHIPgroup attorneys, the USPTO recently decided to reopen prosecution for a patent application directed towards a device for testing vehicle electrical energy storage systems. The Office Action had argued that the claims were anticipated by prior art. In the Pre-Appeal Brief, WHIPgroup attorneys argued that the Office Action used impermissibly broad claim interpretations and that the cited reference failed to disclose several of the claimed features. WHIPgroup thus avoided the need to file a Request for Continued Examination (RCE) or full Appeal Brief to overcome the improper rejection.
By William L. Birks “The court in exceptional cases may award reasonable attorney fees to the prevailing party.” 35 U.S.C. § 285 While every prevailing party would seek attorney fees if they could, it’s important [Read More…]
By Patrick D. Duplessis As we recently reported, the Arterton Inn of Court held its first substantive event on the 2018-2019 session, and WHIPgroup attorneys played a major role in preparing the event. The event, [Read More…]
By Lauren C. Matturri In December 2018 toy company MGA Entertainment Inc. filed a declaratory judgment against Louis Vuitton. This was to preempt the French fashion house from claiming MGA Entertainment’s Pooey Puitton toy was [Read More…]