Mistakes to Avoid

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Failure to include within the petition an exhibit list with the exhibit number and a brief description of each exhibit. 37 C.F.R. § 42.63(e).  SpaceCo Business Solutions, Inc. v. Moscovitch, IPR2015-00135, Paper 6 (November 19, 2014); SpaceCo Business Solutions, Inc. v. Moscovitch, IPR2015-00127, Paper 5 (November 19, 2014) .

Incorrect spacing in petition. Block quotations should be either 1.5 spaced or double-spaced. 37 C.F.R. 42.6(a)(2)(iii).  SpaceCo Business Solutions, Inc. v. Moscovitch, IPR2015-00135, Paper 6 (November 19, 2014); SpaceCo Business Solutions, Inc. v. Moscovitch, IPR2015-00127, Paper 5 (November 19, 2014); CoreLogic, Inc. v. Boundary Solutions, Inc., IPR2015-00226, Paper 3, IPR2015-00228, Paper 3 (November 26, 2014).

Incorrect spacing in petition. Footnotes should be doublespaced. 37 C.F.R. § 42.6(a)(2)(iii).  SpaceCo Business Solutions, Inc. v. Moscovitch, IPR2015-00135, Paper 6 (November 19, 2014).

Incorrect font used in the footnotes of the petition. 37 C.F.R. § 42.6(a)(2)(ii)(A).  SpaceCo Business Solutions, Inc. v. Moscovitch, IPR2015-00135, Paper 6 (November 19, 2014) ; SpaceCo Business Solutions, Inc. v. Moscovitch, IPR2015-00127, Paper 5 (November 19, 2014) .

Failure to provide a statement identifying how the challenged claims are to be construed, 37 C.F.R. §§42.104(b)(3), 42.405(b)(3)(ii)), including exemplary claim terms and their proposed construction. Stealth Monitoring, Inc. v. Discovery Patents, LLC, IPR2015-00256, Paper 3 (December 2, 2014).

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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.