WHIPgroup successfully used the USPTO’s new P3 program for an application directed to computer software for alerting an operator of a condition in an industrial system. The application received a Final Office Action that rejected the claims as obvious over multiple prior art references. WHIPgroup argued in the P3 request that the USPTO had failed to cite sufficient motivation for the combination, that the prior art discouraged the combination, and that the combination would not result in the claimed invention in any event. The P3 panel agreed with WHIPgroup’s arguments and the case was subsequently allowed without the need for either an Appeal or a Request for Continued Examination (RCE).
By Wesley W. Whitmyer, Jr. Not every person is a match for every job. Patents are expensive and complicated legal documents. No less authority than the US Supreme Court noted long ago that “[t]he specification [Read More…]
By William L Birks III In a patent infringement suit, plaintiffs often seek damages for lost sales of infringing products. While this is the most obvious source of recovery, opportunities for larger damage rewards may [Read More…]
WHIPgroup recently made appearances on behalf of client WhitServe LLC in two IPRs brought by Dropbox Inc. The IPRs were filed in response to WhitServe’s patent infringement lawsuit against Dropbox Inc. in the District of Delaware. WhitServe’s U.S. Patent [Read More…]