Petiioner Can Submit Supplemental Information Challenging Additional Claims

In Callidus Software Inc. v. Versata Software, Inc., CBM2013-00052, Paper 26, CBM2013-00053, Paper 21, CBM2013-00054, Paper 24 (March 28, 2014), Petitioner sought to file supplemental infomration to challenge dependent claims not challenged in the Petitions. The Board determined that considering the supplemental information would not be in the interests-of-justice, because it would create a trial within a trial, requiring briefing by the Petitioner, an opposition by the Patent Owner, and a reply by Petitioner. Moreover, there would need to be time to allow for cross-examination of any witness providing testimony as to the issues raised. All of this would impact the current schedule, and would not lead to a just, speedy, and inexpensive proceeding pursuant to 37 C.F.R. § 42.1(b).  The Board noted that Petitioner could still file new petitions raising the new issues.

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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.