Petition for inter partes review by WL Gore & Associates

On February 23, 2015, the USPTO’s Patent Trial and Appeal Board (“Board”) issued a decision in an inter partes review regarding a petition filed by WL Gore and Associates, Inc. (“Petitioner”) over the patentability of claims recited in U.S. Patent Nos. 6,117,167 (“the ‘167 Patent”).  The ‘167 Patent, which issued on September 12, 2000, is owned by Boston Scientific Technology, Inc., and is drawn to an endoluminal prosthesis and system for joining.  In the decision, the Board construed several claim terms, and also instituted the inter partes review as to the following grounds: (i) Claims 2, 4-6, 8, 10-18, 24, 26, 28-31, 51-58, 64, 66, and 68-77 of the ‘167 Patent as anticipated under 35 U.S.C. § 102(e) by Ryan, (ii) Claims 13, 18-22, 24-29, 31, 33, 38-42, 51, 52, 58-62, 64-69, 71, 72, 77-80, and 82 of the ‘167 Patent as anticipated under 35 U.S.C. § 102(e) by Martin (U.S. Patent No. 5,575,817), (iii) Claims 1-3, 5-10, 12, 34-37, and 50 of the ‘167 Patent as obvious under 35 U.S.C. § 103 in view of Martin and Ryan (U.S. Patent No. 8,206,427), (iv) Claims 23, 32, 43, 63, and 81 of the ‘167 Patent as obvious under 35 U.S.C. § 103 in view of Martin and Wolff (U.S. Patent No. 4,830,003), and (v) Claim 3 of the ‘167 Patent as obvious under 35 U.S.C. § 103 in view Martin, Ryan, and Pinchuk (U.S. Patent No. 5,226,913).  The inter partes review remains pending at the Board and is captioned IPR2014-01319.

By:  Jacqueline A. DiRamio

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