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.
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…]