No Surprises At Hearing; Demonstratives Must Only Contain Evidence of Record

In TriVascular, Inc. v. Shaun Samuels, IPR2013-00493, Paper 39 (September 2, 2014) the Board sustained a number of objections to the patent owner’s demonstrative exhibits. The Board agreed that modified versions of the patent drawings, and animations of the patent drawings “improperly display material not made of record previously in this proceeding” and barred the patent owner from using, citing, or relying upon this material during the hearing, but allowing the patent owner to replace the barred material, however, with evidence that was made of record timely in the case.  The Board also barred a demonstrative that did not exactly quote from evidence of record, but allowed the patent owner to substitute a demonstrative with exact quotation.  The Board did not bar material reproduced exactly from the cited record evidence, which was not previously relied upon, saying that this went to the weight that would be given, not to whether it could be presented.


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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.