WHIPgroup continues its success in reversing rejections under 35 U.S.C. § 101 before the Patent Trial and Appeal Board (PTAB). Claims for a method of identifying a fault condition in an electrical machine were rejected by the Examiner as being directed to an abstract idea. In its appeal brief, WHIPgroup argued that (i) the claims as a whole go beyond merely collecting data, recognizing specific data within the data collected, and storing the recognized data in memory; (2) the claims recite an inventive concept and contain elements that amount to significantly more than any alleged abstract idea; and (iii) the claims do not preempt all methods for determining faults. The Board, in its written decision, agreed with WHIPgroup on all accounts and found the claims directed to patent-eligible subject matter. With all outstanding rejections being reversed, a Notice of Allowance is expected shortly.
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…]