PTAB Reconsiders and Institutes IPR of Univ. of Alabama’s Cardiac Arrhythmia Implant Patent

March 9, 2016—Administrative Patent Judge James A. Worth granted a motion to reconsider the Board’s denial of institution of inter partes review, and instituted IPR on anticipation grounds. The petition for IPR was requested by Boston Scientific Corporation and Cardiac Pacemakers, Inc. (collectively, “Petitioners”) of U.S. Patent No. 6,266,563 (“Method and apparatus for treating cardiac arrhythmia”), owned by The Board of Trustees of The University of Alabama and UAB Research Foundation, and directed toward an implant for antitachycardia pacing of the heart. The proceeding is captioned Petition for Inter Partes Review by Globus Medical, Inc. PTAB-IPR2015-01795.  Petitioners then requested rehearing, asking the Board to reconsider its denial of institution. Rehearing was granted on the bases of a misprint, wherein the Board’s previous decision misplaced a decimal point in stating the energy identified in by Petitioners’ declarant as a typical pacing pulse. Despite the Patent Owner’s contention that the difference was immaterial, the APJ re-analyzed the issues and instituted the IPR on the ground of anticipation. This proceeding is captioned Petition for Inter Partes Review by Boston Scientific Corporation, IPR2015-00918 (PTAB).

By: H. Rachael Million-Perez

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