PTAB declines to institute IPR on UAB Research’s cardiac defibrillator technology

September 28, 2015 – Patent Trial and Appeal Board Administrative Patent Judge James A. Worth issued a decision on September 24, denying a request by Boston Scientific Corp. for inter partes review of UAB Research Foundation’s U.S. Patent No. 6,266,563, entitled “Method and Apparatus for Treating Cardiac Arrhythmia” in Case IPR2015-00918.  APJ Worth, along with panel members Phillip J. Kauffman and Benjamin D. M. Wood, declined to institute the IPR because Boston Scientific’s petition failed to establish that a reference was prior art to the ’563 patent, due to the determination that the ’563 patent may benefit from the filing date of an earlier application preceding the filing date of the intervening reference.  The ’563 patent is directed to methods and an implantable apparatus for treating cardiac arrhythmia, particularly ventricular fibrillation.

Related: Court Grants Stay to Boston Scientific in Dispute Over Cardiac Defibrillator Technology (Aug. 25, 2015)

By: Frederick C. Millett

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