WHIPgroup successfully defended summary judgment for a patent infringement case before the US International Trade Commission. The Respondents filed a motion for summary judgment of non-infringement based on their proposed claim construction of the term “additive.” The patent at issue is directed to a medical system having only two additives, and the Respondents argued that their system included a third additive in the form of a silicon coating. After oral argument, the Administrative Law Judge denied the motion, finding that Respondents had failed to rebut that the silicon coating forms part of the medical device itself. As a result, claim construction was unnecessary in resolving the issue.
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…]