Petitions for Inter Partes Review by Praxair Distribution, Inc.

On September 22, 2015, the USPTO’s Patent Trial and Appeal Board (“Board”) issued decisions in five different inter partes reviews regarding petitions filed by Praxair Distribution, Inc. (“Petitioner”).  The petitions relate to the patentability of claims recited in U.S. Patent Nos. 8,291,904 (“the ‘904 Patent”), 8,776,794 (“the ‘794 Patent”), 8,573,209 (“the ‘209 Patent”), 8,573,210 (“the ‘210 Patent”), and 8,776,795 (“the ‘795 Patent”).  The ‘904 Patent, the ‘794 Patent, the ‘209 Patent, the ‘210 Patent, and the ‘795 Patent are all owned by INO Therapeutics, LLC, and are drawn to gas or nitric oxide delivery devices for administering therapy gas.  In each of the decisions, the Board granted the institution of the respective inter partes review of the asserted patent on the various grounds of obviousness under 35 U.S.C. § 103 asserted by the Petitioner, but under no other ground of unpatentability alleged in the respective Petition.  The inter partes reviews remain pending at the Board and are captioned IPR2015-00884, IPR2015-00888, IPR2015-00889, IPR2015-00891, and IPR2015-00893, respectively.

By:  Jacqueline A. DiRamio

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