Bryan Wheelock

Bryan Wheelock

Harness, Dickey & Pierce, PLC

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Latest Publications


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

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

Motions to Strike Aren’t Necessary (or Are They)?

In Apple Inc. v. SightSound Technologies LLC, CBM2013-00023, Paper 61 (April 2, 2014) the Board denied patent owner’s request for permission to file a motio to strike the Petitioner’s reply for new arguments not responsive to...more

4/7/2014 - Motion To Strike

Second Chance on Motion to Amend

In Volusion, Inc. v. Versata Development Group, Inc., CBM2013-00018, Paper 31 (April 4, 2014), the Board gave the patent owner a rare second chance, allow it to make a second motion to amend correcting some errors in the...more

4/7/2014 - Amended Complaints

Additional Discovery is Still Hard to Come By

GEA Process Engineering, Inc. v. Steuben Foods, Inc., IPR2014-00051, paper 17 (April 3, 2014, the Board authorized Patent Owner to file a motion for additional discovery, directed solely to the real parties in interest in the...more

4/7/2014 - Discovery Patent Infringement Patent Litigation Patents

1000 Petitions!

As of April 4, 2014, more than 1000 petitions for inter partes review have been filed. Since the first day, inter partes reviews have taken off with a steady stream of patent challenges....more

4/7/2014 - Inter Partes Review Proceedings Patent Litigation Patents

New Filings for April 4, 2014

New Filings - Microsoft Corporation filed IPR2014-00574 and IRP2014-00575 challenging U.S. Patent No. 6,151,604 assigned to LJM Software, Inc., and IPR2014-00576 and IPR2014-00577 challenging U.S. Patent No. 6,163,775...more

4/4/2014 - Patents

Mother, May I ?

Mobotix Corp. v. E-Watch Corporation, IPR2013-00335, Paper 30 (April 2, 2014) the Board expunged the patent owner’s motion for leave to file an Amended patent owner response, because the patent owner did not seek leave to...more


New Filings for April 3, 2014

New Filings - Nelson Products, Inc, filed IPR2014-00572 challenging U.S. Patent No. 8,297,662, and IPR challenging U.S. Patent No. 8,297,662, and IPR2014-00573 challenging U.S. Patent No. 8,375,543....more

4/3/2014 - Patents

Institution Decisions on April 1, 2014

In Crocus Technology S.A. v. New York University, IPR2013-00047, Paper 8 (April 1, 2014) the Board instituted a trial as to claims 1-12, 14-20, 22-31, and 33-35 of U.S. Patent No. 6,980,469, but not as to claims 13 and 32....more

4/1/2014 - Patents Settlement

Joinder Denied, But Requirements Explained

In Regions Financial Corporation, v. Retirement Capital Access Management Company, LLC, CBM2014-00012, Paper 17 (March 25, 2014) the Board denied a motion to join the case with CBM2013-00014 because under the circumstances,...more

3/31/2014 - Joinder

Petioner’s Reply May Only Respond to the Patent Owner’s Arguments

In Amkor Technology, Inc. Tessera, Inc. IPR2013-00242, Paper 106 (March 27, 2014) the Board authorized the patent owner to file a Motion to Strike the petitioner’s reply on the grounds that it contained new matter. ...more

3/31/2014 - Patent Litigation Patent Ownership Patents

No Relief for Patent Owners

In Riverbed Technology, Inc. v. Silver Peak Systems, Inc., IPR2013-00402, IPR2013-00403 Paper 22, (March 27, 2014), the Patent Owner also requested five additional pages for each of its motions, arguing that its proposed...more

3/31/2014 - Patent Litigation Patent Ownership Patents

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