Board Lets Patent Owner File A Surreply.

In Zodiac Pool Systems, Inc.v. Aqua Products, Inc., IPR2013-00159, Paper  51 (March 28, 2014), the Board allowed the patent owner to file a total of five pages to address the absense of secondary considerations raised by by Petitioner in its reply.  The patent owner complained ot the Board that it was denied discovery on secondary considerations.  The Board urged the parties to discusse further production, and after receiving additional documents the patent owner requested leave to file a surreply to discussse the commercial success of the ivnention, which the Board, granted.

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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.