Observations on Motions for Observation

The only way for patent owner to respond to testimony presented in a petitioner’s reply is through a Motion for Observations.  A motion for observation on cross-examination is a mechanism to draw the Board’s attention to relevant cross-examination testimony of a reply witness. The observation must be a concise statement of the relevance of precisely identified testimony to a precisely identified argument or portion of an exhibit (including another part of the same testimony).  In Medtronic, Inc. v. NuVasive, Inc., IPR2013-00507, Paper 33,  IPR2013-00508, Paper 37, (October 15, 2014), the Board found that the motions for observations filed by patent owner “contain arguments and are excessively long, and, thus, improper.”  The Board expunged the Motions, but graciously allowed patent owner a chance to file corrected Motions.

 

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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.