Interest of Justice Require Consideration of One-Day-Late Documents

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In Callidus Software Inc. v. Versata Development Group, Inc., CBM2013-00052, Paper 39,  CBM2013-00053, Paper 35, CBM2013-00054, Paper 37,(August 29, 2014), the Board denied patent owner’s motion to expunge the petitioner late-filed papers.  The Board said that weighing the prejudice to patent owner of the one day late filing versus the prejudice to Petitioner if it did not consider, on the merits, the papers, it was in the interests of justice to consider the late–filed documents.

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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.