‘Till Death Do Us Part

In Fandango, LLC v, Ameranth, Inc., CBM2014-00013 Paper 22 (March 24, 2014), Apple learned the hardway the downside of filing a joint petitioner for covered busness method review:  The Board will only a permit single representation.  This not only restricts the choice of counsel, but it affects the choice of arguments. The joint parties cannot take different, let alone inconsistent positions, because they are one petitioner, represented by a single counsel.  While you save on filing fees, you lose on the ability to control the arguments presented.  Joint Petitioners should think carefully about marriage (and probably have a iron-clad pre-nup).

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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.