Dropbox was sued by WHIPgroup’s client WhitServe for infringement of a patent relating to an onsite backup system for third party data. In response, Dropbox challenged the novelty and non-obviousness of the patent with six separate statutory bases before the Patent Trial and Appeal Board – known for invalidating computer-implemented inventions. The PTAB, however, agreed with WHIPgroup that claims of the patent that Dropbox is alleged to infringe are new and novel.
WHIPgroup’s win at the PTAB is the result of years of planning and strategy. At WHIPgroup’s recommendation, WhitServe previously took steps to buttress the patent’s validity after Google attempted to invalidate another patent in the same family. WhitServe updated its disclosures to the USPTO when it filed the patent now asserted against Dropbox, so that the USPTO considered Google’s arguments before issuing the current patent. As a result, Dropbox was unable to rely on Google’s arguments for invalidity, leading to the positive result for WHIPgroup’s client today.
WHIPgroup successfully obtained an Order of Preliminary Injunction in connection with a Complaint and Emergency Motion for Temporary Restraining Order and Preliminary Injunction filed in the U.S. District Court for the Northern District of Georgia [Read More…]
WHIPgroup continues to represent its client’s best interests, filing counterclaims in an ongoing arbitration administered by the American Arbitration Association. WHIPgroup brought claims for breach of contract and unjust enrichment as well as tortious interference [Read More…]