Hell Hath No Fury Like a Patentee Scorned

In SAP America, Inc. v. Arunacgalam, IPR2014-00413, Paper 23, and IPR2014-00414, Paper 21 (December 5, 2014), the Board sanctioned pro se patent owner for her unauthorized filings in which she makes “bald, unsubstantiated allegations” against one of the PTAB Judges, states that she is reporting the Judge to various ethics committees, and seeks recusal and requests that all previous decisions negative to Patent Owner be reversed.  After numerous improper filings, a clearly frustrated board sanctioned the patent owner: expunging the papers; terminating patent owner’s access to upload documents to the Patent Review Processing System (PRPS) for all proceedings is terminated; prohibiting her from accessing, or attempting to access, PRPS to upload documents under a different name or thorough any real or corporate person, party, entity, agent, or successor in interest, other than qualified lead counsel; requiring any qualified lead counsel who wishes to represent a party opposing a challenge to a patent in which the Patent Owner has an interest must first contact the Board to obtain permission to use PRPS to upload filings in that proceeding; and requiring her to file documents by mail, but only after first obtaining authorization of the Board.  Finally, the Board ordered her to comply with all other rules and procedures applicable to proceedings affected by this Order.  The Board warned that any unauthorized filings by will be expunged in their entirety upon receipt.

 

 

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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.