Board Declines to Grant Do-Over of Ex Parte Reexamination

In Integrated Global Concepts, Inc. v. Advanced Messaging Technologies, Inc., 2014-01028, Paper 13, (December 22, 2014) the Board declined to institute inter partes review of claims 1–12, 21–24, 26–35 (the “challenged claims”) of U.S. Patent No. 6,020,980.  The Board noted that Petitioner’s challenge of claims 1, 22, and 26 is based upon substantially the same prior art and arguments that were before the Office in the ex parte reexamination of the ’980 patent—Control No. 90/012,650—that resulted in Ex Parte Reexamination Certificate (9670th) issued May 20, 2013 (Ex. 1002). Accordingly, the Board exercised its discretion to decline to institute inter partes review.

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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.