Bryan Wheelock

Bryan Wheelock

Harness, Dickey & Pierce, PLC

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But, Why?

In Cutsforth, Inc. v. Motive Power, Inc., [2015-1316] the Federal Circuit vacated a PTAB decision that claims 1–24 of U.S. Patent No. 7,990,018 were invalid for obviousness because the Board did not adequately describe its...more

2/3/2016 - Judicial Review Obviousness Patent Invalidity Patent Litigation Patent Trial and Appeal Board

Know your patent documents

Most are familiar with a U.S. utility patent, have a seven digit number followed by a “B”...more

2/2/2016 - Design Patent Patent Applications Patent Filings Patents Plant Patents Reissue Patents Utility Patents

Should You or Any of Your C&D Team be Caught or Killed the Client will Disavow any Knowledge

Late in December, the attorneys for Metallica sent a Cease and Desist letter to Sandman, a Metallica tribute band playing in Toronto. Sandman lead, Joe Di Taranto, posted a copy of the letter on his Facebook page. After...more

2/1/2016 - Cease and Desist Facebook Music Industry Trademark Infringement Trademarks

Cruciform – the Right Word for the Right Shape

Finding the perfect words to describe an invention is the cross that patent attorneys have to bear. When trying to describe something that it cross-shaped, the word cruciform (see, e.g., U.S. Patent No, 8,517,327) can make...more

2/1/2016 - Patent Applications Patent Ownership Patents Written Descriptions

Just Because You Can, Doesn’t Mean You Should

In Ethicon Endo-Surgery, Inc. v. Covidien LP, [2014-1771](January 13, 2016), the Federal Circuit held that the same panel of the PTAB can make the decision to institute an IPR and the final written decision, and that the PTAB...more

2/1/2016 - Due Process Inter Partes Review Proceedings Likelihood of Success Obviousness Patent Litigation Patent Trial and Appeal Board USPTO Pilot Program

January 31, 2016 - Patent of the Day

On January 31, 1950, Lawrence Welk (ask your grandparents) received U.S. Patent No. D157,110, on a Lunch Box. Check out the accordion pleats...more

1/31/2016 - Inventors Patent Applications Patent Ownership Patents

January 30, 2016 - Patent of the Day

On January 30, 1962, Les Paul was awarded U.S. Patent No. 3,018,680 on an Electrical Musical Instrument (the solid body electric guitar)...more

1/30/2016 - Inventors Musical Instrument Patents Patent Applications Patent Ownership Patents

January 29, 2016 - Patent of the Day

On January 29, 1974, Roger Easton was awarded U.S. Patent No. 3,789,409 on a Navigation System Using Satellites and Passive Ranging Techniques (GPS)....more

1/29/2016 - GPS Inventors Patent Applications Patent Ownership Patents

January 28, 2016 - Patent of the Day

On January 28, 1873, Louis Pasteur was awarded U.S. Patent No. 135,245 on Brewing Beer and Ale....more

1/28/2016 - Inventors Patent Applications Patent Ownership Patents

January 27, 2016 - Patent of the Day

On January 27, 1880, Thomas Edison was awarded U.S. Patent No. 223,898 on an Electric Lamp, the first practical incandescent lamp....more

1/27/2016 - Inventors Patent Applications Patent Ownership Patents

January 26, 2016 - Patent of the Day

On January 26, 1965, Noah McVicker and Joseph McVicker received U.S. Patent No. 3,167,440 on Plastic Modeling Composition of a Soft, Pliable Working Consistency, know to millions of children as Play-Doh. The product was...more

1/26/2016 - Inventors Patent Applications Patent Ownership Patents

January 25, 2016 - Patent of the Day

On January 25, 1870, G.D. Dows received U.S. Patent No. 99,170 on a Soda Fountain, to the delight of jerks (soda jerks, that is) everywhere...more

1/25/2016 - Inventors Patent Applications Patent Ownership Patents

January 24, 2016 - Patent of the Day

On January 24, 1922, U.S. Patent No. 1,404,539 issued to Christian K. Nelson on a “Confection” that was marketed as the Eskimo Pie....more

1/24/2016 - Inventors Patent Applications Patent Ownership Patents

January 23, 2016 - Patent of the Day

On January 23, 1849, the first U.S. patent for an envelope-making machine (U.S. Patent No. 6055) was issued to Jesse K. Park and Cornelius S. Watson....more

1/23/2016 - Inventors Patent Applications Patent Ownership Patents

January 22, 2016 - Patent of the Day

On January 22, 1907, Thomas A. Edison received U.S. Patent No. 841677 on an Apparatus for Grinding and Separating Fine Materials....more

1/22/2016 - Inventors Patent Applications Patent Ownership Patents

January 21, 2016 - Patent of the Day

Recognizing the snow storms across the country this week, the patent of the day is U.S. Patent No. 5,595,343, issued to George Marhelko on January 21, 1997 in a snow coloring device...more

1/21/2016 - Inventors Patent Applications Patent Ownership Patents

Supreme Court to Review Important IPR Questions

Supreme Court granted Cuozzo’s Petition for Certiorari regarding two important questions affecting post-grant reviews: ..Whether the Court of Appeals erred in holding that in proceedings, the Board may construe claims...more

1/20/2016 - Amicus Briefs Broadest Reasonable Interpretation Standard Certiorari Cuozzo Speed Technologies Inter Partes Review Proceedings Judicial Review Patent Litigation Patent Trial and Appeal Board Popular SCOTUS

January 19, 2016 - Patent of the Day

On January 19, 1905, U.S. Patent 1,125,476, issued to Georges Claude on a System of Illuminating by Luminescent Tubes....more

1/19/2016 - Inventors Patent Applications Patent Ownership Patents

January 16, 2016 - Patent of the Day

On January 16, 1900, Theophilus Van Kannel received U.S. Patent No. 641,563 on the revolving door...more

1/18/2016 - Inventors Patent Applications Patent Ownership Patents

January 18, 2016 - Patent of the Day

On January 18, 1977, actress Julie Newmar received U.S. Patent No. 4,003,094 on Pantyhose with Shaping Band for Cheeky Derrier Relief....more

1/18/2016 - Inventors Patent Applications Patent Ownership Patents

January 17, 2016 - Patent of the Day

On January 17, 1899, U.S. Patent No. 617,778. issued to Charles D. Seeberger on an escalator....more

1/17/2016 - Inventors Patent Applications Patent Ownership Patents

January 15, 2016 - Patent of the Day

On January 15, 1861, Elisha Graves Otis received U.S. Patent No. 31,128 on a Hoisting Apparatus (an elevator, to non patent attorneys)....more

1/16/2016 - Inventors Patent Applications Patent Ownership Patents

January 14, 2016 - Patent of the Day

On January 14, 1964, U.S. Patent No. 3,118,022, issued to Gerhard Sessler and James West on the electret microphone....more

1/16/2016 - Inventors Patent Applications Patent Ownership Patents

January 13, 2016 - Patent of the Day

On January 13, 1943, Henry Ford was granted U.S. Patent Nos. 2,269,451 and 2,269,452 on the construction of a plastic automobile....more

1/13/2016 - Inventors Patent Applications Patent Ownership Patents

Fenestrated- the Right Word for the Right Shape

Patent attorneys are often grasping for words to describe openings, and a word to describe some with one or more openings is fenestrated (see U.S. Patent No. 8,506.984)....more

1/13/2016 - Patent Applications Patent Ownership Patents Written Descriptions

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