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Microsoft Corporation v. Surfcast, Inc., IPR2014-00271, Paper 18 (April 21, 2014) the Board denied petitioner’s motion to wtihdraw its motion for joinder of the proceeding with IPR2013-00292, apparently in addition to getting the Board’s permission to bring a motion, you likewise need permission to withdraw one!

IPR2014-00271 is like a chess game.  After having grounds in IRP2013-00292 denied as redundant, Microsoft requseted reconsideration, and presented the “redundant” grounds separately in IPR2014-00271, and asking that they be joined.  The Patent Owner opposed the motion.  The strategically, petitioner decided it wanted to withdraw the Motion for Joinder, and the patent owner is opposed the withdrawal.

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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.