WHIPgroup is pleased to report another success from using the USPTO’s Pre-Appeal Brief Request for Review program. A Final Office Action rejected the claims of a patent application directed to a novel, length-adjustable endoscopic device. In the Pre-Appeal Brief, WHIPgroup attorneys argued that the Final Office Action overstated the features of the prior art, which would not enable a person having ordinary skill in the art to achieve the claimed invention. Further, WHIPgroup argued that the Final Office Action failed to provide any support or analysis to support the rejection. WHIPgroup’s arguments convinced the panel of three examiners to withdraw the final rejection and reopen prosecution, avoiding the need for an Appeal or Request for Continuation.
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.[1] This was to preempt the French fashion house from claiming MGA Entertainment’s Pooey Puitton toy was [Read More…]