No Placeholders Needed

Within a month of the Board’s decision instituting inter partes review, the Board schedules an initial conference call to discuss any motions that the parties intend on filing, and to discuss the various deadlines. The Board typically requires the parties to submit a list of motions each intends to file, and while the natural inclination of the parties is to list every possible motion, to preserve their right to do so, the Board has said that such place holders are not necessary.  Dominion Dealer Solutions, LLC v. AutoAlert, LLC, IPR2014-00684, Paper 15 (October 29, 2014)( We explained that “place holders” are unnecessary and that we encourage parties not to file lists which contain merely such “place holders.”).

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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.