Multiple Petitions Don’t Violate the Page Limits, and May Even Confer an Unfair Advanatage

In Apple Inc. v. Smartflash LLC, CBM2014-00112, Paper 7, and CBM2014-00112, Paper 7, (September 30, 2014), the Patent owner objected that petitioner’s filing two Petitions improperly circumvented the 80-page limit for covered business method review petitions.  The Board noted that the patent owner did not cite any authority to support its position, and noted the page limit for petitions requesting covered business method patent review is 80 pages (37 C.F.R. § 42.24(a)(iii)), and each of the 112 and the 113 Petitions is within that requirement.  To add insult to injure, the Board consolidated the two proceedings, presumably reducing the patent owner’s response to petitioner’s 160 pages of argument to a single 80-page response.  The same thing happened in Apple Inc. v. Smartflash LLC, CBM2014-00108, Paper 8, and CBM2014-00109, Paper 8, (September 30, 2014), decided the same day

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About Bryan Wheelock

Education
J.D., Washington University in St. Louis
B.S.E. in Mechanical Engineering, Duke University

Bryan Wheelock’s practice includes preparation and prosecution of patent and trademark applications and drafting of intellectual property agreements, including non-compete agreements. He has brought and defended lawsuits in federal and state courts relating to intellectual property and has participated in seizures of counterfeit and infringing goods.

Bryan prepares and prosecutes U.S. and foreign patent applications for medical devices, mechanical and electromechanical devices, manufacturing machinery and processes, metal alloys and other materials. He also does a substantial amount of patentability searching, trademark availability searching and patent and trademark infringement studies.

In addition to his practice at Harness Dickey, Bryan is an Adjunct Professor at Washington University School of Law and Washington University School of Engineering.