The PTAB Actively Polices Improper Ex Parte Contacts

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In Nissan North America, Inc. v. Collins, IPR2012-00035, Paper 24 (January 22, 2013), the PTAB rebuked Nissan for an ex parte email that it send to a Judge asking to “know the proper procedure for requesting judicial notice of [a] false statement.”  The email included substantive arguments regarding the patent owner’s preliminary response.  In addition to admonishing Nissan, the PTAB allowed the patent owner the chance to responde to the email.

PRACTICE TIP: Do not make ex parte conctacts with the PTAB except to set up a conference call, and do not include substantive infomrtion or argument in such a request.

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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.