WHIPgroup successfully argued to the Patent Trial and Appeal Board (PTAB) that its client’s invention is patentable over several cited references. The claimed invention relates to an endoscopy system including a laser diode configured to emit a wavelength suitable for a photodynamic application. The Examiner had rejected all claims as allegedly being obvious in view of combination of two references. On appeal, WHIPgroup argued that several claimed features were absent from the cited references, and that the references taught away from the Examiner’s proposed combination of the references. The PTAB agreed with WHIPgroup’s arguments and reversed the Examiner. Shortly thereafter, the Examiner allowed all pending claims.
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…]