Petitioner Can’t Stop Patent Owner from Getting More Patents

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In A.C. Dispensing Equipment Inc. v. Prince Castle LLC, IPR2014-00511, Paper 18, (October 17, 2014), the Board denied petitioner authorization to file a motion to stay prosecution of Patent Owner’s continuation patent application.  The Board said that whether any of the claims in the patent will be canceled is an issue that is not yet decided and will not necessarily be decided until a final written decision is entered.  “To bar Patent Owner from prosecuting claims now that may be patentably indistinct from the claims under review thus would be premature.”  The Board said it was sufficient for Patent Owner to continue to take reasonable steps to apprise the Examiner of the status of this proceeding.

 

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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.