On April 28, 2016, the USPTO’s Patent Trial and Appeal Board (“Board”) issued a final decision in an inter partes review regarding a petition filed by Ethicon, Inc. (“Petitioner”) over the patentability of claims 1, 2, 6-10, 15-17, 25-31, 40, 46-52, and 59-62 recited in U.S. Patent No. 6,923,819 (“the ‘819 Patent”). The ‘819 Patent, which issued on August 2, 2005, is owned by EndoEvolution, LLC and is drawn to a suturing device and methods of using the device for suturing tissue. In the decision, the Board denied the institution of the inter partes review because the Petitioner had not demonstrated a reasonable likelihood of prevailing in showing that any of the challenged claims were unpatentable. The inter partes review remains pending at the Board and is captioned IPR2016-00071.
By: Jacqueline A. DiRamio