Another Unsuccessful Request for Rehearing

In Nissan North America, Inc. v. Collins, IPR2012-00035, Paper 28 (January 29, 2013), the PTAB denied Nissan’s request for a rehearing related to the PTAB’s Order (Paper 24) regarding ex parte contacts.  The Board rejected Nissan’s arguments that it was acting on PTAB’s advice, noting that Nissan did not in fact follow the alleged advice.  The PTAB further noted that an ex parte contact cannot be made proper simply by requesting a conference call somewhere within the communication.  Finally the PTAB rejected the argument that the patent owner likewise acted impropertly, first noting that that did not change the fact that Nissan acted improperly, and that the patent owner’s communications were different in nature.

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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.