Board Rejects Attempt to Supplement Petition

In PNC Bank, N.A. v. SECURE AXCESS, LLC, CBM2014-00100, Paper 18 (November 5, 3014), the Board denied petitioner authorization to file a motion to submit supplemental information to enter five to six new references in the record of the proceeding.  The petitioner acknowledged that each of the new references was available publically prior to the filing of the Petition, and that Petitioner could have discovered the references had it used the alternate search strategy. The Board was not persuaded that Petitioner could an sufficiently establish “why the supplemental information could not have been obtained earlier.” 37 C.F.R. § 42.223(b).


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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.