WHIPgroup obtained another patent allowance just by filing an Appeal Brief. The application relates to a medical shaft instrument having a force transmission element that provides torsional and axial rigidity. The Examiner had rejected the claims as being obvious over multiple prior art references. In the Appeal Brief, WHIPgroup presented a trio of arguments: (1) the combination of references fail to teach all the limitations of the claimed invention; (2) there would not have been any motivation to combine the references; and (3) even the combination would not arrive at the claimed invention. After receiving the Appeal Brief, the Examiner issued a Notice of Allowance allowing all claims, without the need for further prosecution.
By: Benjamin N. Luehrs Generic forum selection clauses in patent license agreements can prevent licensees from trying to invalidate licensed patents at the United States Patent and Trademark Office (USPTO). A recent Federal Circuit Opinion, [Read More…]
By Patrick D. Duplessis These days it seems almost every article or news report about self-driving vehicles (SDVs) includes the prophecy that the automobile will soon resemble a “smartphone on wheels.” That oft-repeated phrase alludes [Read More…]
By Walter B. Welsh A webpage qualifies as use in commerce if it is a point-of-sale. A recent precedential decision, In re Siny Corp., provides guidance on what constitutes a point-of-sale. This article discusses that [Read More…]