Bryan Wheelock

Bryan Wheelock

Harness, Dickey & Pierce, PLC

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The Board is Conservative in Authorizing Additional Discovery

In ACCO Brands Corporation v. Fellowes, Inc., IPR2013-00566, Paper 16 (April 18, 2014), Fellowes sought additional discovery related to secondary considerations. The Board denied the discovery....more

4/22/2014 - Discrimination Patent Litigation Patent Trial and Appeal Board Patents

On Second Thought, We Were Right the First Time

Recent Board decisions denying rehearing: Liberty Mutual Insurance Company v. Progressive Casualty Insurance Company, CBM2012-00003, Paper 85 (April 1, 2014) Callidus Software Inc. v. Versata Development Group,...more

4/22/2014 - Liberty Mutual Insurance Company Petition For Rehearing Progressive Casualty Insurance Company

More on What to do when a Reply Exceeds its Proper Scope

In Texas Instruments Incorporated, v. Unifi Scientific Batteries, LLC, IPR2013-00213, Paper 27 (April 17, 2014), the Board said that a motion to strike is not, ordinarily, a proper mechanism for raising the issue of whether a...more

4/22/2014 - Motion To Strike Texas Instruments

Board Invalidates Design Patent

In Munchkin, Inc. and Toys “R” US, Inc. v. Luv N’ Care, Ltd., IPR 2013-00072, Paper 28 (April 28, 2014), the Board invalidated U.S. Patent No. D617,465. The Petition argued that the patent was not entitled to its priority...more

4/22/2014 - Design Patent Patent Litigation Patents Prior Art Priority Date Cutoff Toys R Us Utility Patents

Strategic Use of Terminal Disclaimer

In Amkor Technology, Inc. v. Tessera, Inc., IPR201-00242, Paper 117, (April 14, 2014), the patent owner filed a terminal disclaimer of the remainder of the patent term (which was going to expire later in the year), to force...more

4/21/2014 - Patent Terms Patents Terminal Disclaimer

Count Your Pages (the Board Does)

In Shaw Industries Group, Inc. v. Automated Creel Systems, Inc., IPR2013-00584, Paper 34 (April 14, 2014), the patent owner filed observations on cross-examination that exceeded the 15 pages permitted by 37 C.F.R. §...more

4/21/2014 - Patent Ownership Patents USPTO

What’s Laid is Played

In Mobotix Corp. v. E-Watch Corporation, IPR2013-00335, Paper 35 (April 14, 2014), the Board denied the petitioner’s request to add two pinpoint citations to its reply brief, which the petitioner claimed were inadvertently...more

4/21/2014 - Patent Litigation Patents Subject Matter Experts

Compelling Testimony

In GEA Process Engineering, Inc. v. Steuben Foods, Inc., (IPR2014-00041), Paper 22 (IPR2014-00043), Paper 23, (IPR2014-00051), Paper 21 (IPR2014-00054), Paper 18 (IPR2014-00055), Paper 14 (April 15, 2014), the patent owner...more

4/21/2014 - Document Productions Expert Testimony Expert Witness Motion to Compel Patent Litigation USPTO

Patent Filings for April 18, 2014

New Filings - IGB Automotive Ltd. filed IPR2014-00661 challenging U.S. Patent No. 7,735,932. IGB Automotive Ltd. filed IPR2014-00663 challenging U.S. Patent No. 7,775,602. IGB Automotive Ltd. filed...more


Patent Filings on April 17, 2014

New Filings - Endo Pharmaceutical Inc. filed IPR2014-00651 challenging U.S. Patent No. 6,723,340, assigned to DEPOMED, INC. Endo Pharmaceutical Inc. filed IPR2014-00652 challenging U.S. Patent No. 6,723,340,...more

4/17/2014 - Patents

Experts and Redundant Prior Art

In DeLaval International AB v. Lely Patent N.V., IPR2013-00575, Paper 18 (April 9, 2014), the patent owner objected the petitioner’s expert declaraton that referred to prior art that was not part of the instituted grounds...more


Marathon Cross Examination

In Facebook Inc. v. Software Rights Archive, LLC, IPR2013-00479, Paper 28 (April 9, 2014) the patent owner asked for leave to cross-examine petitioner’s expert witness for a total of 14 hours, in view of the fact that there...more

4/15/2014 - Cross Examination Facebook Patent Litigation Patents

Patent Filings on April 15, 2014

Institution Decisions - In Rackspace US, Inc. v. PersonalWeb Technologies, LLC, IPR2014-000057, Paper 9 (April 15, 2014), the Board instituted inter partes review of claims 1-4, 29-33, 35, and 41 of U.S. Patent No....more

4/15/2014 - Patents

No 102(e) Prior Art in a CBMR

In Trulia, Inc, v. Zillow, Inc., CBM2013-00056, Paper 19 (April 10, 2014), it was called to the Board’s attention that the prior art relied upon in the petition was 102(e) which is not proper prior art for a covered business...more

4/15/2014 - Covered Business Method Patents Patents Prior Art Trulia Zillow

Can’t Sneak in Another Argument

In Rackspace Hosting, Inc. v. Rotatable Technologies, LLC, IPR2013-00248, Paper 27 (April 9, 2014), the petitioner submited a seven page request for oral argument including arguments...more

4/15/2014 - Oral Argument Patents

Getting a Word in Edgewise

The Board has been stingy granting additional pages for submissions, but in Corning Optical Communications RF, LLC v. PPC Broadband, Inc., IPR2013-00345, Paper 32 (April 11, 2014) the Board granted petitioner an additional 5...more

4/14/2014 - Patent Litigation Patents

A Picture is Worth 1000 Words — Video Depositions

in BioMarin Pharmaceutical Inc. v. Genzyme Therapeutic Products Limited Partnership, IPR2013-00534, Paper 32, IPR2013-00537, Paper 31 (April 11, 2014), the patent owner sought to take video cross examination of the...more

4/14/2014 - Depositions Litigation Strategies Pharmaceutical Video

The First (and Second) Outright Win for the Patent Owner

In a heartening (to patent owners) reminder that invalidation in an IPR is not automatic, in ABB Inc. v. Roy-G-Biv Corp., IPR2013-00062 and IPR-00282, Paper 84 (April 11, 2014), the Board found that ABB failed to show that...more

4/14/2014 - Inter Partes Review Proceedings Patent Litigation Patent Ownership Patents

What to Do When A Reply Exceeds its Proper Scope

In addition to handing a patent owner the first outright win in an inter partes review, in ABB Inc. v. Roy-G-Biv Corp., IPR2013-00062 and IPR-00282, Paper 84 (April 11, 2014), and ABB Inc. v. Roy-G-Biv Corp., IPR2013-00074...more

4/14/2014 - Patent Litigation Patent Ownership Patents

Patent Filings on April 11, 2014

New Filings - FLIR Systems, Inc., filed IPR 2014-000608 challenging claims 1-58 of U.S. Patent No. 8,426,813, assigned to Furry Brothers LLC/ Leak Systems, Inc. ...more

4/11/2014 - Patents

Board Declines to Make Evidentiary Rulings Before the Final Written Opinon

In Sony Corporation v. Yissium Research Development Company of the Hebrew University of Jerusalem, IPR2013-00218, Paper 35 (April 7, 2014) and IPR2013-00219, Paper 41 (April 7, 2014), the patent owner sought an early ruling...more

4/10/2014 - Evidentiary Rulings Patent Trial and Appeal Board Patents

Patent Petitions Filed on April 8, 2014

Petitions Filed - Luxottica Retail North America, Inc., filed IPR2014-00593 challenging claims 1-7, 9, 12, 14, 15 and 17-19 of U.S. Patent No. 6,624,843 assigned to Lennon Image Technologies LLC....more

4/8/2014 - Patents

The Merciful Board

In Motorola Mobility LLC. v Intellectual Venture I LLC, CBM2014-00084, Paper 6 (April 3, 2014), the Board had given Motorola Mobility five days to submit a corrected petition, removing the argument from its claim charts, but...more

4/7/2014 - Board of Directors Motorola

Patent Filings on April 7, 2014

Digital Empire Limited filed IPR2014-00584 challenging claims 1-12 of U.S. Patent No. 7,864,503, assigned to Hilltop Technology LLC....more

4/7/2014 - Patents

Keeping Other People’s Secrets: Motions to Seal

In Corning Gilbert Inc. v. PPC Broadband, Inc., IPR2013-00347, Paper 32, IPR 2013-00340, Paper 34 (April 3, 2014), the Board instructed the parties two try again to resolve their issues before it ruled on their motions to...more

4/7/2014 - Sealed Records

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