PTAB Declines to Institute IPR on UAB Research’s Cardiac Defibrillator Technology – Take 2

October 21, 2015 – Patent Trial and Appeal Board Administrative Patent Judge James A. Worth issued a decision on October 19, 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 IPR2015-01038.  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 the invention was obvious under 35 U.S.C. § 103.  Previously, on September 28, the same panel of the PTAB declined to institute on the same patent in Case IPR2015-00918 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: PTAB Declines to Institute IPR on UAB Research’s Cardiac Defibrillator Technology (Sep. 28, 2015);
Court Grants Stay to Boston Scientific in Dispute Over Cardiac Defibrillator Technology (Aug. 25, 2015)

By: Frederick C. Millett

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