WHIPgroup successfully used the Pre-Appeal procedure to obtain allowance without the need for filing an RCE or Appeal Brief. The invention relates to a covering for a dilation tool that can be used in endoscopic surgery. The claims were rejected as obvious over three prior art references. Upon receiving the Final Office Action, WHIPgroup filed a Pre-Appeal Brief arguing that the references discouraged the hypothetical combination, which would require improper redesign and hindsight. After reviewing the Pre-Appeal Brief, the Examiner informed WHIPgroup that three of the independent claims were in condition for allowance, and that the remaining two independent claims would be allowable with an Examiner’s Amendment. The case has received a Notice Allowance and is expected to issue as a patent shortly.
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…]
WHIPgroup succeeded in having anticipation and indefiniteness rejections overturned by the Patent Trial and Appeal Board (PTAB). The claimed invention relates to a sequencing station that manages both sequencing and restacking tasks. The Examiner had [Read More…]