Case Proceeded to Final Decision With a Petitioner; the Consequence of Settlement Too Late

In Interthinx, Inc. v. Corelogic Solutions, LLC, CBM2012-00007, Paper 58 (January 30, 2014), the Board cancelled the claims 1, 6, 9, and 10 of U.S. Patent No. 5,361,201, even though the parties had reached a settlement, and the trial had already been terminated as to the Petitioner (See CBM2012-00007, Paper 47 (November 12, 2014).  The joint motion to terminate was filed October 25, 2013, a month after the parties had requsted an Oral Hearing, and eight days after the Board issued its Trial Hearing Order, and three days before the scheduled hearing date.  It is not clear precisely when a case has to be settled before the Board will simply dismiss the case, but it is clear that there is a point of no return





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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.