A Claim Survives IPR!

The PTAB’s decision in Microsoft Corp. v. Proxyconn, Inc., IPR2013-00026, IPR2013-00109, Paper  73, (February 19, 2014) is notable because for the first time a challenged claim (claim 24) survived the IPR Process, although 8 of the 9 claims for which trial was instituted were found invalid.  This makes the “kill” rate for patent claims in the first eight decisions 110/111 or 99.1%.

The other final written decisions so far are: Garmin International, Inc. v. Cuozzo Speed Technologies LLC, IPR2012-00001, Paper 59 (November 13, 2013) all three of the claims for which trial was instituted were found invalid; Idle Free Systems, Inc. v. Bergstrom, Inc., IPR2012-00027, Paper 66 (January 7, 2014), all 23 of the claims were found invalid, 9 by concession by the patent owner, and 14 by decision of the Board; Intellectual Ventures Management, LLC v. XILINX, Inc., IPR2013-00023, Paper 35 (February 11, 2014), all 19 claims were found invalid; Intellectual Ventures Management, LLC v. XILINX, Inc., IPR2013-00020, Paper 34 (February 11, 2014), all 12 of the claims for which trial was instituted were found invalid. Nicia Corp. v. Emcore Corporation, IPR2012-00005, Paper 68, (February 11, 2014), all 17 claims were found invalid; Intellectual Ventures Management, LLC v. XILINX, Inc., IPR2013-00019, Paper 33 (February 10, 2014), all 15 of the claims were found invalid; Intellectual Ventures Management, LLC v. XILINX, Inc., IPR2013-00018, Paper 35 (February 10, 2014), all 13 of the claims were found invalid.

 

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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.