WHIPgroup attorneys were successful in using the Pre-Appeal Brief Review program to overcome a final rejection. During prosecution, the USPTO rejected claims directed to a method for depositing a group IV crystal layer on a substrate as not being enabled. In the Pre-Appeal Brief, WHIPgroup argued that the claims were enabled to one having ordinary skill in the art, and the elements which the Examiner marked as critical were actually potential embodiments. WHIPgroup’s arguments convinced the panel of examiners to withdraw the final rejection, thereby avoiding the need for an Appeal or Request for Continued Examination.
Under U.S. law, anyone who uses a system that is likely to have been made by a patented process, and who does not demonstrate that the system was not made by the patented process, is [Read More…]
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…]