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

4/18/2014

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

4/15/2014

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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