WHIPgroup attorneys were successful in reversing all prior art rejections of claims directed to a medical apparatus for mounting a sheath onto the distal end of a surgical shaft instrument. WHIPgroup argued that the cited reference was outside the field of endeavor of the present invention and failed to disclose various functional limitations. The PTAB agreed with WHIPgroup’s arguments, stating that “the Examiner ‘is required to make sufficient factual findings, such that it can reasonably infer that the prior art product and that of the patent at issue are the same.’ Howmedica Osteonics Corp. V. Zimmer Inc., 640 Fed. Appx. 951, 958 (Fed. Cir. 2016).” Oral argument was conducted using WHIPgroup’s video conferencing system, saving the expense of traveling to Washington, D.C.
By William L. Birks “The court in exceptional cases may award reasonable attorney fees to the prevailing party.” 35 U.S.C. § 285 While every prevailing party would seek attorney fees if they could, it’s important [Read More…]
By Patrick D. Duplessis As we recently reported, the Arterton Inn of Court held its first substantive event on the 2018-2019 session, and WHIPgroup attorneys played a major role in preparing the event. The event, [Read More…]
By Lauren C. Matturri In December 2018 toy company MGA Entertainment Inc. filed a declaratory judgment against Louis Vuitton.[1] This was to preempt the French fashion house from claiming MGA Entertainment’s Pooey Puitton toy was [Read More…]