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 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…]
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…]