WHIPgroup attorneys filed a Pre-Appeal Brief in a patent application related to a method for providing a fault tolerance in an industrial automation and control system. The Examiner had rejected all claims as allegedly being anticipated by an earlier patent publication. In the Pre-Appeal Brief, WHIPgroup attorneys argued that the Office Action improperly failed to clearly articulate the Examiner’s reasoning for the rejection, and that the cited reference failed to disclose several of the claimed features. The USPTO agreed to re-opening prosecution.
WHIPgroup thus avoided the need to file a Request for Continued Examination (RCE) or full Appeal Brief to overcome the improper rejection.
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…]
WHIPGroup filed a Motion to Dismiss for improper venue in the Western District of Texas on behalf of its client TomTom North America, Inc. Plaintiff MDSP Technologies LLC alleges that TomTom North America, Inc. infringes [Read More…]