On March 10, 2016, the Patent Trial and Appeal Board (PTAB) instituted an inter partes review (IPR) of all claims of U.S. Patent No. 7,420,151 (“the ‘151 patent”), which is directed to short wavelength visible reflectance imaging technology and is assigned to Novadaq Technologies, Inc. (NVDQ). In its Decision on Institution, the PTAB found that the IPR petition filed by WHIPgroup on behalf of its client established a reasonable likelihood that all claims of the ‘151 patent would be proven unpatentable. By statute the PTAB has until March 2017 to render a final decision, and per the scheduling order an oral hearing (if requested) will be conducted in December 2016. Attorneys Wesley W. Whitmyer, Jr., Michael J. Kosma, and Michael A. Lavine are counsel of record in the IPR proceeding.
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…]