Bryan Wheelock

Bryan Wheelock

Harness, Dickey & Pierce, PLC

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New Testimony Prohibited in Patent Owner’s Preliminary Response

In TD Ameritrade Holding Corp. v. Trading Technologies International, Inc., CBM2014-00131, Paper 10 (July 24, 2014), the Board rejected a live demonstration as part of a preliminary response, likening it to new testimonial...more

7/28/2014

Additional Discovery Granted

In ARRIS Group, Inc. v. C-Cation Technologies, LLC, IPR2014-00746, Paper 15 (July 24, 2015). the Board actually granted additional discovery of an indemnification agreemenet between Petitioner and Com-Cast, which the patent...more

7/28/2014

Claim Charts Continue to Confound

In Hyundai Mobis Co., Ltd. v. Autoliv ASP, Inc., IPR2014-01005, Paper 5, IPR2014-01006 (June 17, 2014), Paper 5, the Board accorded the petition a filing date...more

7/22/2014 - Claim Charts Patent Litigation Patents

Litigation Stays Pending IPR: 66% Success Rate

LegalMetric has released a report of 212 decisions on litigation stays pending Inter Partes review. The report indicates that stays are granted 65.6% of the time and the time to decision averages 2.1 months. For more...more

7/22/2014 - Inter Partes Review Proceedings Patent Litigation Patents Stays

More Trouble with Claim Charts

In The Scotts Company LLC v. ENCAP, LLC, IPR2014-01110 (July 15, 2014), the Board granted the Petition a filing date, but gave petitioner five days to fix its claim charts....more

7/18/2014 - Claim Charts Patent Infringement Patent Litigation Patents

Patent Filings on July 16, 2014

New Filings - Novelty, Inc. filed IPR2014-01171 challenging U.S. Patent No. 7,021,594 assogned to Thomas E. Hundley. CoolIT Systems, Inc. filed IPR2014-01172 challenging U.S. Patent No. 8,749,968....more

7/16/2014 - Patents

Board Accelerates Covered Business Method Review to Reduce Duplicative Litigation

In Fidelity National Information Services, Inc. v. DataTreasury Corporation, CBM2014-00020, Paper 23 CBM2014-00021, Paper 24 (July 11, 2014...more

7/15/2014 - Covered Business Method Patents Covered Business Method Proceedings Patent Litigation Patents

Institution Decisions on July 15, 2014

Institution Decisons - In Symantec Corporation v. RPOST Communications Limited, IPR2014-00353, Paper 15 (July 15, 2014), the Board denied inter partes review of 1-30 (“the challenged claims”) of U.S. Patent No....more

7/15/2014 - Inter Partes Review Proceedings Patents

Federal Circuit Favors Stay of Litigation Pending CBMR

In Virtualagility Inc. v. Salesforce.com, Inc., [2014-1232] (July 20. 2014), the Federal Circuit reversed the district court’s denial of a stay of an infringement suit pursuant to AIA § 18(b)(1) pending disposition of a...more

7/15/2014 - America Invents Act Covered Business Method Patents Covered Business Method Proceedings Order to Stay Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Salesforce

The Party Seeking Discovery Has the Burden to Show Need for the Discovery

In SAP America, Inc. v. Versata Software, Inc., CBM2013-00042, Paper 32 (July 10, 2014), the Board denied Versata discovery of the software corresponding to the documentation....more

7/15/2014 - Burden of Persuasion Discovery

Another Case Where BRI=Ordinary Meaning

In Cisco Systems, Inc. v. AIP Acquisition LLC, IPR2014-00247, Paper 20 (July 10, 2014), the Board previously held that if U.S. Patent No. 7,724,879 expires before the final written decision, the claims would be given their...more

7/14/2014 - Patent Infringement Patent Litigation Patents

Joinder Defeats the Bar under 35 U.S.C. § 315(b)

In Enzymotec Ltd. v. Neptune Technologies & Bioressources Inc., IPR2014-00556, Paper 19, (July 9, 2014) the Board granted Enzymotec’s motion for joinder of IPR2014-00556 with IPR2014-00003. Absent joinder with the other...more

7/14/2014 - Joinder Patent Infringement Patent Litigation Patents USPTO

Ex Parte Contacts

In Samsung Electronics Co., Ltd. in Black Hills Media, LLC, IPR2014-00717 Papers 6 and 7, IPR2014-00735, Papers 8 and 9 (July 10, 2014), the patent owner sent an improper email to the Board. In response, the petitioner send...more

7/14/2014 - Email Ex-Parte Communications Patent Litigation Patents Samsung

Patent Filings and Institution Decisions on July 11, 2014

New Filings - Samsung Electronics Co., Ltd. filed IPR2014-01142 challenging U.S. Patent No. 7,917,843, assigned to Arendi AS. Samsung Electronics Co., Ltd. filed IPR2014-01143 challenging U.S. Patent No. 7,496,854....more

7/11/2014 - Inter Partes Review Proceedings Patents

Patents Filed and Institution Decisions on July 10, 2014

New Petitions Filed - Actavis, Inc. filed IPR2014-01126 (July 10, 2014) challenging U.S. Patent No. RE38,551. NEC Corporation of America filed IPR2014-001131 (July 10, 2014) challenging U.S. Patent No. 6,819.923,...more

7/10/2014 - Covered Business Method Patents Inter Partes Review Proceedings Patents

Patents Filed and Institution Decisions on July 9, 2014

New Petitions Filed - RPC Formatec GmbH filed IPR2014-01127 challenging U.S. Patent No. 8,662,075....more

7/9/2014 - Adverse Judgments Inter Partes Review Proceedings Patents

Board Cuts Patent Owners Time in Half to Stay on Schedule

In Reloaded Games, Inc. v. Parallel Networks, LLC, IPR2014-00950, Paper 9 (July 8, 2014), Petitioner filed a second petition for inter partes review covering claims for which trial was not instituted in its first petition for...more

7/9/2014 - Patent Litigation Patent Ownership Patent Trial and Appeal Board Patents

More Details, Details

Integrated Global Concepts, Inc. v. J2 Global, Inc., IPR2014-01027, Paper 4 (July 7, 2014), the Board granted the petition a filing date, but required the petition to fix the claim charts, which may not “include arguments,...more

7/9/2014 - Claim Construction Patent Litigation Patent Trial and Appeal Board Patents Prior Art

Patent Owner Failed to Justify Joining Five IPR’s

In Ford Motor Co. v. Cruise Control Technologies LLC, IPR2014-0281, Paper 19, (July 2, 2014) the Board denied patent owner’s motion to join five proceedings U.S. Patent No. 6,324,463. The Board ducked the question of whether...more

7/8/2014 - Ford Motor Joinder Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents

Some Observations on Observations

In Hayward Industries, Inc. v. Pentainer Water Pool and Spa, Inc., IPR2013-00285, Paper 31, IPR2013-00287, Paper 31 (July 3, 2014), the Board provided some guidance on observations on cross-examination, answering the question...more

7/8/2014 - Cross Examination Witnesses

Inventor Testimony Irrelevant

In International Business Machines Corporation v.Intellectual Ventures II LLC, IPR2014-00180, Paper 22, (July 3, 2014), the Board denied petitioner’s request to file a transcript of the inventor’s testimony as supplemental...more

7/8/2014 - Expert Testimony IBM Inter Partes Review Proceedings Inventors Patent Litigation Patents

Details, Details

In LG Electronics, Inc., v. NFC Technology LLC, IPR2014-00959 , Paper 3 (Julu 3. 2014), the Board granted the Petition a filing date, but pointed out that the font was incorrect and Petition failed to certifiy that the patent...more

7/8/2014 - Inter Partes Review Proceedings Patent Litigation Patents

Patent Decisions on July 8, 2014

Final Written Decisions - Smith & Nephew, Inc.v. The University of North Carolina at Chapel Hill, IPR2-14-00112 , Paper 21 (July 8, 2014), the Board terminated the proceeding in view of the Settment between the parties....more

7/8/2014 - Patents

Prior Art “Patents and Printed Publications” Include the Patent Under Review

In Intri-Plex Technologies, Inc. v. Saint-Gobain Performance Plastics Rencol Limited, IPR2014-00309, Paper 07/03/2014 19, the Board denied reconsideration that admitted prior art in the patent under review constituted “prior...more

7/8/2014 - Patent Litigation Patents Prior Art

The Board Cannot Misapprehend or Overlooked an Argument Not Presented

In Rackspace US, Inc. v. PersonalWeb Technologies, LLC, IPR2014-00062, Paper (July 2, 2014) The Board denied rehearing of its decision not to institute an inter partes review of certain redundant grounds. In its request for...more

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

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