PTAB declines to reconsider institution of IPR on Medline Industries’s patent

July 21, 2015 – Patent Trial and Appeal Board Administrative Patent Judge Timothy J. Goodson issued a decision on July 16, denying a request for rehearing by C.R. Bard, Inc. for inter partes review of certain claims of Medline Industries, Inc.’s U.S. Patent No. 8,678,190, entitled “Catheter Tray, Packaging System, Instruction Insert, and Associated Methods” in Case IPR2015-00514.  In a previous July 10, 2015 decision, the PTAB instituted inter partes review of claims 1-7, 9, and 11-13, but denied institution as to claims 10 and 14-18.  APJ Goodson, along with panel members Josiah C. Cocks and Jennifer Meyer Chagnon, declined to reconsider institution of the IPR on claims 10 and 14-18 because C.R. Bard’s petition did not sufficiently articulate its position with respect to a claim term at issue and as such the PTAB’s Decision did not overlook or misapprehend that argument.  Medline Industries’s ’190 patent is directed to storage containers for long, flexible medical devices such as catheters.

By: Frederick C. Millett

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