What’s Laid is Played

In Mobotix Corp. v. E-Watch Corporation, IPR2013-00335, Paper 35 (April 14, 2014), the Board denied the petitioner’s request to add two pinpoint citations to its reply brief, which the petitioner claimed were inadvertently omitted, but were referenced in the accompanying expert declaration.  The patent owner argued that the changes would constitute a substantive alteration of the Reply Brief after its due date, and thus be prejudicial to Patent Owner, and the Board Agreed, apparently following the old card game rule: What’s laid is played.

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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.