Petition for Inter Partes Review by Olympus America, Inc. et al.

On June 8, 2015, the USPTO’s Patent Trial and Appeal Board (“Board”) issued a final written determination in an inter partes review regarding a petition filed by Olympus America, Inc. and Olympus Medical Systems Corporation (“Petitioner”) over the patentability of claims recited in U.S. Patent No. 6,682,527 (“the ‘527 Patent”).  The ‘527 Patent, which issued on January 27, 2004, is owned by Perfect Surgical Techniques, Inc. and is drawn to a method and system for heating tissue with a bipolar instrument.  In the final determination, the Board found that claims 17-23, 26, 29, and 30 of the ‘527 Patent are unpatentable as being obvious over U.S. Patent No. 5,954,717 and U.S. Patent No. 6,139,546, alone or in combination with U.S. Patent Nos. 6,398,779, 6,936,047, and/or WO 97/40882. The inter partes review remains pending at the Board and is captioned IPR2014-00241.

By:  Jacqueline A. DiRamio

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