WHIPgroup successfully appealed rejections of a patent application directed to a surgical system. The system includes a hollow shaft and a shaft-type instrument that is secured within the hollow shaft in a manner to provide a rinsing area for transmitting liquid agents. The Examiner had rejected the claims as allegedly being obvious over a combination of two references. On Appeal, WHIPgroup argued that several claimed elements were missing in the prior art and that one reference taught away from configuring a rinsing area between the interior surface of a hollow shaft and the exterior surface of an instrument. The reference specifically disclosed a distal window sealing an instrument lumen to prevent exposure of an instrument to bodily fluids, thereby discouraging the need for a rinsing area. The PTAB was convinced by WHIPgroup’s arguments and reversed the Examiner’s rejections. Issuance of a patent containing all pending claims is expected in due course.
WHIPgroup successfully obtained an Order of Preliminary Injunction in connection with a Complaint and Emergency Motion for Temporary Restraining Order and Preliminary Injunction filed in the U.S. District Court for the Northern District of Georgia [Read More…]
WHIPgroup continues to represent its client’s best interests, filing counterclaims in an ongoing arbitration administered by the American Arbitration Association. WHIPgroup brought claims for breach of contract and unjust enrichment as well as tortious interference [Read More…]