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.
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…]