Board Explains Process for Correcting Exhibits to a Petition

In an Order for the Conduct of Proceedings in GSI Technology, Inc. v. Cypress Semiconductor Corporation, [IPR2014-00202], Paper 8 (February 27, 2014), the Board explained the process for correcting an Exhibit under  37 C.F.R. § 42.104(c).  After obtaniing authorization from the Board, a petitioner should file a mtion. Petitioner must support themotion with an affidavit setting forth (1) the nature of the error, (2) the manner inwhich the error is corrected, and (3) good cause for granting said motion.  Petitioner should confer with Patent Owner and indicate in its motion whether the motion is opposed. Lastly, the corrected exhibit should be filed as an attachment to the motion. If the Board grants the motion, the replacement exhibit will be entered as such, and the original exhibit will be expunged.

 

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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.