Replacing a Certificate of Translation is a Correction of a Clerical Error, Not a Submission of Supplemental Information

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In Medtroinc. Inc., v NuVasive, Inc., [IPR2014-00075], Paper 10 (February 28, 2014), Medtronic wanted to submit a corrected certificate for the translation of Exhibit 1002, but the NuVasive opposed arguing the that corrected certificate was supplemental infomration that could only be submitted after trial had been declared.  The Board considered the corrected certificate, which merely added the perjury warning, would amount to the correction of a clerical error under 37 C.F.R. § 42.104(c), not the filing of supplemental information under 37 C.F.R. § 42.123(a).

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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.