On August 5, 2015, the USPTO’s Patent Trial and Appeal Board (“Board”) issued a final decision in an inter partes review regarding a petition filed by IntroMedic, Co. Ltd. (“Petitioner”) over the patentability of claim 1 recited in U.S. Patent No. 7,009,634 (“the ‘634 Patent”). The ‘634 Patent, which issued on March 7, 2006, is owned by Given Imaging Ltd. and is drawn to a device for in-vivo imaging. In the decision, the Board denied the institution of the inter partes review of the ‘634 Patent because the Petitioner is challenging claim 1, which has been amended during a reexamination proceeding that involves the same parties and is still pending. The Board, therefore, declined instituting the inter parties review given that a reexamination certificate had not yet issued in the pending reexamination proceeding. The inter partes review remains pending at the Board and is captioned IPR2015-00579.
By: Jacqueline A. DiRamio