Whitmyer IP Group stifled Novadaq’s attempts to introduce untimely evidence of consumer confusion in a trademark suit against KARL STORZ. After summary judgment briefing closed, Novadaq sought the Court’s permission to file an employee declaration describing an instance of alleged consumer confusion. The Court promptly denied Novadaq’s request, but at the summary judgment hearing Novadaq asked the Court to allow the same employee to testify at trial. The Court then asked both parties to brief the issue, and agreed with KARL STORZ that Novadaq’s request should be denied in light of the prejudice to KARL STORZ, who had no opportunity to obtain discovery from Novadaq’s employee.
By Stephen F.W. Ball, Jr. Motions to dismiss, also called 12(b)(6) motions, have been used to eviscerate patent rights on the basis that a patent is allegedly directed to an “abstract concept” and thus lacks [Read More…]
WHIPgroup obtained another patent allowance using the After Final Consideration Pilot (AFCP) Program. In U.S. Application No. 15/239,469 directed to an eccentric well pipe, a Final Office Action rejected pending claims for obviousness. WHIPgroup attorneys [Read More…]
WHIPgroup attorneys were successful in using the Pre-Appeal Brief Review program to overcome a final rejection. During prosecution, the USPTO rejected claims directed to a method for actively damping oscillations in a compression process as [Read More…]