Specifically, participating examiners may invite the applicant of an eligible application to participate in the pilot program, and the applicant may elect to accept or decline participation. To be eligible, the claims must raise both subject matter eligibility rejections and non-subject matter eligibility rejections, and the first Office Action on the merits must make both types of rejections.
For participating applications, the applicant must still file a reply to every Office Action, but the applicant has the choice to defer presenting arguments, evidence, or amendments in response to the subject matter eligibility rejection(s) until the earlier of final disposition of the application or the withdrawal or obviation of all other rejections. The applicant can no longer defer responding to any outstanding subject matter eligibility rejection(s) upon final disposition (e.g., after the mailing of a final Office action, filing of a notice of appeal, or filing of an RCE) or the withdrawal or obviation of all other outstanding rejections.
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…]
WHIPGroup filed a Motion to Dismiss for improper venue in the Western District of Texas on behalf of its client TomTom North America, Inc. Plaintiff MDSP Technologies LLC alleges that TomTom North America, Inc. infringes [Read More…]