Petitioner, Brainlab AG and Varian Medical Systems, Inc. (“Brainlab”), filed a Petition to the USPTO’s Patent Trial and Appeal Board (“Board”) for an inter partes review of claims 1-11 of U.S. Patent No. 5,755,725 (“the ‘725 Patent”), owned by Sarif Biomedical LLC (“Sarif”). The ‘725 Patent is drawn to computer-assisted microsurgery equipment or methods for controlling the same. On November 4, 2014, the Board issued a written decision ordering institution of the inter partes review with regard to only claims 10 and 11 of the ‘725 Patent. In particular, the Board determined that Brainlab had demonstrated a reasonable likelihood of prevailing in showing that claims 10 and 11 are unpatentable under 35 U.S.C. § 103 over three of the prior art references provided. The inter partes review remains pending at the Board and is captioned IPR2014-00753.
By: Jacqueline A. DiRamio