Double Check Your Exhibits

In Schott Gemtron Corporation v. SSW Holdings Company, Inc., IPR2014-00367, Paper  21 (August 21, 2014), the patent owner pointed out that rather than uploading the expert declaration, the petitioner uploaded a different document, and pointed out that the petition should not have been accorded a filing date until the expert declaration was properly uploaded.  Even though the declaration was served on the patent owner, and the petitioner uploaded the declaration on the next day that the Office was open, the Board agreed, and reset the filing date.  The Board did indicate that the petitioner could move that the petition be accorded an earlier filing date.

In a case like this, where the filing date of the petition is crticial to avoid a time bar, double checking that the proper exhibits are uploaded can be critical.


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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.