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.
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. Â Rather than opposing WHIPGroup’s motion to dismiss, Plaintiff MDSP Technologies LLC voluntarily dismissed [Read More…]