Bryan Wheelock

Bryan Wheelock

Harness, Dickey & Pierce, PLC

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Supreme Court Holds Trademark Tacking is a Question, like any Inquiry from the Perspective of an Ordinary Purchaser or Consumer,...

Background: In a priority contest between trademark owners, the owner of a mark is entitled to “tack on” earlier use of a similar mark provided that the two marks are sufficiently similar. Some circuits treated the question...more

1/23/2015 - Hana Financial v Hana Bank Jurisdiction Jury Questions SCOTUS Tacking Trademarks

Supreme Court Endorses De Novo Review of Claim Construction, But Holds that Subsidiary Facts Underlying Claim Construction are...

Background: Patent claim construction findings are a key aspect to patent infringement cases. Previously, the Federal Circuit reviewed the entire claim construction issue, including any subsidiary facts, de novo....more

1/23/2015 - Claim Construction Clear Error Standard De Novo Standard of Review Federal Rules of Civil Procedure Patent Litigation Patents Pharmaceutical Pharmaceutical Manufacturers Pharmaceutical Patents SCOTUS Teva v Sandoz

Common Mistakes in Petitions

Attorney Argument in the Claim Charts - In Tissue Transplant Technology Ltd. v. MiMedx Group, Inc., IPR2015-00320, Paper 6 (December 31, 2014), the Board granted the petition a filing date, but found the claim charts...more

1/2/2015 - Inter Partes Review Proceedings Patents Pharmaceutical Patents Starbucks

Rehearing . . . Granted?

In Handi Quilter, Inc. v. Bernina International AG, IPR2014-00270, Paper 17 (December 31, 2014), the Board granted petitioner’s request for rehearing of the Board’s decision denying institution of inter partes review....more

1/2/2015 - Bernina Dow Dow Chemical Halliburton Inter Partes Review Proceedings Patents Petition For Rehearing

And Cats and Dogs Living Together . . .

Well perhaps not the mass hysteria that Dr. Venkman anticipated in Ghostbusters, but the granting of a motion to amend is still an unusual occurrence. However, in Riverbed Technology Inc. v. Silver Peak Systems, Inc.,...more

1/2/2015 - Inter Partes Review Proceedings Motion to Amend Patent Trial and Appeal Board Patents

Failure to Name Real Party in Interest Dooms Petition

In Paramount Home Entertainment Inc. v. Nissim Corp., IPR2014-00961, Paper 11 IPR2014-00962, Paper 11 (December 29, 2014), the Board denied institution of inter partes review of claims 1–27 of U.S. Patent No. 7,054,547 for...more

12/31/2014 - Entertainment Industry Inter Partes Review Proceedings Paramount Pictures Patents Real Party in Interest

New Filings for December 30, 2014

New Filings (1) - DePuy Orthopaedics, Inc., filed IRP2015-00510 challenging u.S. Patent No. 8,658,710 on OXIDATION-RESISTANT AND WEAR-RESISTANT POLYETHYLENES FOR HUMAN JOINT REPLACEMENTS AND METHODS FOR MAKING THEM,...more

12/30/2014 - DePuy DePuy Hip Replacement Patent Filings

Institution Decisions for December 29, 2014

Institution Decisions (2) - Paramount Home Entertainment Inc. v. Nissim Corp., IPR2014-00961, Paper 11 (December 29, 2014), the Board denied institution of inter partes review of claims 1–5 of U.S. Patent No. 6,304,715...more

12/29/2014 - Inter Partes Review Proceedings Paramount Pictures Patent Litigation

Petitioner Authorized to File Sanctions Motion Against Inventor

In Shire Development LLC, LCS Group, LLC, IPR2014-00739, Paper 14 (December 23, 2014), the Board authorized petitioner to file a motion for sanctions after the inventor Dr. Louis Sanfilippo, send an email in violation of the...more

12/29/2014 - Inter Partes Review Proceedings Inventors Patent Trial and Appeal Board Patents Sanctions Subject Matter Experts

Board Teaches Patent Owner About Precedent, and Petitioner About Showing Obviousness

Often times the best lessons are those learned at someone else’s expense. One such case is Valeo, Inc.v. Magna Electronics Inc., IPR2014-01206, Paper 13 (December 23, 2014). The Patent Owner urged the Board to exercise its...more

12/29/2014 - Inter Partes Review Proceedings Obviousness Patent Trial and Appeal Board Patents

Patent Filings, Institution Decisions and Dispositions for December 24, 2014

New Filings - HM Electronics, Inc. filed IPR2015-00491 challenging U.S. Patent No. 8,694,040 on a REMOTELY CONFIGURABLE WIRELESS INTERCOM SYSTEM FOR AN ESTABLISHMENT....more

12/24/2014 - Inter Partes Review Proceedings Patent Filings Patents Qualcomm

Petitions Filed for December 23, 2014

Petitions Filed (3) - Sony Computer Entertainment America LLC filed IPR 2015-000396, challenging U.S. Patent No. 7,218,313, assigned to APLIX IP HOLDINGS CORPORATION....more

12/23/2014 - Intellectual Property Litigation LG Electronics Patents Sony

Institution Decisions and Dispositions for December 22, 2014

Institution Decisions (1) - In Jiawei Technology (USA) Ltd. v. Simon Richmond, IPR2014-00935, Paper 11 (December 22, 2014), the Board instituted inter partes review of claims 1–7, 9, 10, 14, 17–20, 23, 28, 43, 45 and...more

12/22/2014 - Acceleron Dell Intellectual Property Litigation Inter Partes Review Proceedings Patents

Mistakes to Avoid

Failure to include within the petition an exhibit list with the exhibit number and a brief description of each exhibit. 37 C.F.R. § 42.63(e). SpaceCo Business Solutions, Inc. v. Moscovitch, IPR2015-00135, Paper 6 (November...more

12/15/2014 - Inter Partes Review Proceedings Patents Pleading Standards

Hell Hath No Fury Like a Patentee Scorned

In SAP America, Inc. v. Arunacgalam, IPR2014-00413, Paper 23, and IPR2014-00414, Paper 21 (December 5, 2014), the Board sanctioned pro se patent owner for her unauthorized filings in which she makes “bald, unsubstantiated...more

12/15/2014 - Inter Partes Review Proceedings Patent Trial and Appeal Board Patents Recusal Sanctions

Board Declines to Terminate Reexamination

In Toyota Motor Corporation v. American Vehicular Sciences LLC, IPR2013-00419 and IPR2013-00424m Paper 48 (December 12, 2014), the patent owner sought permission from the Board to file a motion to terminate an ex parte...more

12/15/2014 - Ex Partes Reexamination Inter Partes Review Proceedings Motion to Terminate Patents Toyota

Institution Decisions and Dispositions for December 11, 2014

Institution Decisions - In Fujitsu Semiconductor Limited v. ZOND, INC., IPR2014-00864, Paper 16, (December 11, 2014), the Board instituted inter partes review of claims 18–34 (all the challenged claims) of U.S. Patent...more

12/11/2014 - Fujitsu Intellectual Property Litigation Inter Partes Review Proceedings Sony Thomson Reuters

Institution Decisions for December 9, 2014

In HTC Corporation v. E-WATCH, Inc., IPR2014-00989, Paper 6 (December 9, 2014), the Board instituted inter partes review of claims 1–6, 8, 10, 11, 13–18, 21–29, and 31 (“all of the challenged claims”) of U.S. Patent No....more

12/9/2014 - HTC Intellectual Property Litigation Inter Partes Review Proceedings

And Another Thing

In Pacific Market International, LLC v. Ignite USA, LLC, IPR2014-00561, Paper 23, (December 2, 2014), the Board granted Petitioner’s motion to file a Supplemental Declaration of its expert, with additional reasons to combine...more

12/8/2014 - Inter Partes Review Proceedings Patents Supplemental Examination Supplemental Information

Supplemental Evidence

In Mitsubishi Plastics, Inc. v. Celgard, LLC, IPR2014-00524, Paper 30 (November 28, 2014), the Board denied petitioner’s motion to file as supplemental information under 37 C.F.R. § 42.123(a) declarations used in two...more

12/3/2014 - Inter Partes Review Proceedings Patents Supplemental Information

Board Declines to Limit Cross Examination

In International Business Machines Corporation v. Intellectual Ventures II LLC, IPR2014-00587, Paper 27 (November 28, 2014), the Board declined to limit the scope of the patent owner’s cross-examination of petitioner’s...more

12/3/2014 - Cross Examination Expert Witness Inter Partes Review Proceedings Patent Trial and Appeal Board Patents

Mistakes to Avoid

Failure to include within the petition an exhibit list with the exhibit number and a brief description of each exhibit. 37 C.F.R. § 42.63(e). SpaceCo Business Solutions, Inc. v. Moscovitch, IPR2015-00135, Paper 6 (November...more

12/3/2014 - Inter Partes Review Proceedings Patents Petitions for Review

Petitioner Given A Chance to Respond to Bar Issues Raised in Preliminary Response

In Johnson Health Tech Co. Ltd. v. ICON Health & Fitness, IPR2014-01242, Paper 12 (November 28, 2014), the Board granted petitioner a ten page reply to the patent owner’s preliminary response...more

12/3/2014 - Inter Partes Review Proceedings Patent Trial and Appeal Board Patents

Patent Filings, Institution Decisions and Dispositions for December 2, 2014

New Filings - Fike Corporation filed IPR2015-00341 challenging U.S. Patent No. 8,674,260, assigned to U.S. Patent No. 8,674,260....more

12/2/2014 - Covered Business Method Patents Patent Filings Patents TD Ameritrade

Correcting the Petition

Silicon Laboratories, Inc. v. Cresta Technology Corporation, IPR2014-00809, paper 28 (November 26, 2014), the Board allowed the Petitioner to file a corrected Petition and Exhibit under 37 C.F.R. § 42.104(c), and based upon...more

12/2/2014 - Inter Partes Review Proceedings Patents Petitions for Review

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