PTAB denies Zoll Lifecor Corp.’s petition for IPR for untimeliness and failure to state real parties-in-interest

March 20, 2014- In inter partes review of U.S. Patent No. 5,836,978 (the ‘978 Patent) owned by Philips Electronics North America Corp. directed to methods for delivering electrotherapy to a patient using an external defibrillator (IPR2013-00609), Administrative Patent Judges Sally C. Medley, Miriam L. Quinn, and Matthew R. Clements, denied petitioner Zoll Lifecor Corp.’s petition for an IPR as being untimely under 35 U.S.C. 315(b), and failing to state all the real parties-in-interest under 35 U.S.C. 312(a), because ZOLL Medical, Petitioner’s parent company, was a real party-in-interest that was served with a complaint alleging infringement of the ‘978 Patent more than one year before the filing of the petition.

View Attachment (PDF)