April 21, 2014

Decisions Denying Inter Partes Review

in Loral Space & Communications, Inc., v. Viasat, Inc., IPR2014-00236, IPR2014-00239, IPR2014-00240, Paper 7, (April 21, 2014), the Board denied inter partes review in the cases, finding that they they were all filed too late (35 USC 315(b), 37 C.F.R. § 42.101(b)).  The Board rejected arguments that the bar does not apply to pre-enactment activities; that the bar does not apply because the complaints were amended within the one year bar period; and because the petitioner were filed within one year of the service of a complaint.

Institution Decisions
In Honeywell International, Inc. v. International Controls and Measurements Corporation, IPR2014-00219 (April 21, 2014), the Board instituted an inter partes reviewl of claims 1-6 (all of the challenged claims) of U.S. Patent No. 6,222,719.

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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.