Board Cuts Patent Owners Time in Half to Stay on Schedule

In Reloaded Games, Inc. v. Parallel Networks, LLC, IPR2014-00950, Paper 9 (July 8, 2014), Petitioner filed a second petition for inter partes review covering claims for which trial was not instituted in its first petition for itner partes review.  After observing that 37 C.F.R. § 42.107(b) gives a patent owner 3 months to file its preliminary response must be filed within 3 months of the filing date of a petition. 37 C.F.R. § 42.107(b), the Board noted that under 37 C.F.R. § 42.5(c)(1) it may modify times set by rule, taking into account any statutory pendency goal.  In view of the circumstances and the statutory deadlines in first inter partes review, the Board cut the patent owner time for response  in half, to preserve the possibility of joining the two proceedings.

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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.