It May Be Easier to Seek Forgiveness Than Ask Permission, But it Doesn’t Work Before the PTAB

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In Apple Inc. v. Benjamin Grobler, IPR2014-00060, Paper 16 (April 8, 2014), Apple filed a request for rehearing of the denial of inter partes review, and Grobler without permission, filed a reply. The Board noted that the patent owner did not obtain authorization from the Board to file its Reply, and therefore “the Board will not consider the Reply and the Reply will be expunged. 37 C.F.R. § 42.7(a)”.  All’s well that ends well, however, in Paper 15 the same day, the Board denied Apple’s request for rehearing.

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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.