September 25, 2014

New Filings

Toledo & Co., Inc., filed IPR2014-01542 challenging U.S. Patent No. 7,516,843, assigned to Master Lock Company, LLC.

Institution Decisions

Stat LLC v. Hockeyline Inc., IPR2014-00510, Paper 12 (September 25, 2014), the Board instituted inter partes review of claims 1, 2, 8, 10-12, and 30 of U.S. Patent No. 6,725,107.

In Target Corporation v. Destination Maternity, IPR2014-00509, Paper 19 (September 25, 2014), the Board denied the petition as barred under 35 USC 315(b),finding that Target could not “join” its late filed petition with its prior, timely filed petitions.  The Board found that joinder only allows parties to join, and a party cannot join a proceeding to which it is already a party.

In eBay Inc. v. Advanced Auctions, LLC, IPR2014-00806, Paper 14, the Board denied institution of inter partes review of claims 1-7, 10-15, 17-21, and 23-26 of U.S. Patent No. 8,266,000 as barred under 35 USC 315(b), the Board finding that even though the first suit was dismissed without prejudice, the parties agreed that it would continue in the second suit.



In Handi Quilter, Inc. v. Bernina International AG, IPR2013-00363, Paper 39 (September 25, 2014), the Board held that claims 1, 2, 5–7, 10, 12, 13, 17–21, 23–29, 31, 33, and 34 of U.S. Patent No. 6,883,446 were unpatentable, but not challenged claims 3, 4, 8, 9, 11, 14-16, 22, 30, and 32.

In Becton, Dickinson & Company v. One StockDuq Holdings, LLC, IPR2013-00235, Paper 30 (September 25, 2014), the Board held that claims 22–26, 28, 29, and 31 (all of the challenged claims) of U.S. Patent No. 5,704,914, were unpatentable.






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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.