USPTO Institutes an Inter Partes Review of EMED Technologies’ Patent

February 23, 2016 – Repro-Med Systems, Inc. filed a petition for inter partes review of multiple claims of EMED Technologies Corporation’s patent. Repro-Med contended that the claims are unpatentable under 35 U.S.C. §§ 102 and 103 over prior art publications. The USPTO issued a decision on February 19, 2016 finding that the information presented in Repro-Med’s petition establishes a reasonable likelihood that Repro-Med will prevail in showing that several claims of EMED’s patent are unpatentable. The USPTO has instituted an inter partes review on all of the challenged claims. The patent at issue is U.S. Patent No. 8,961,476, entitled “Sharps protector device for protecting a user from a sharp tip of a medical needle” and the claims at issue are claims 1-10.

The petition is pending in the United States Patent Trial and Appeal Board and is captioned: Petition for Inter Partes Review by Repro-Med Systems, Inc. d/b/a RMS Medical Products, PTAB-IPR2015-01920.

By: Rachael Million-Perez

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