Petition for Inter Partes Review by Medtronic PLC

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 Medtronic PLC (“Petitioner”) over the patentability of claims 1, 2, 4, 7-10, 12, 14-16, 20, 21, 23-25, 27, 30-33, 35, 37-44, and 48-51 recited in U.S. Patent No. 7,496,393 (“the ‘393 Patent”).  The ‘393 Patent, which issued on February 24, 2009, is owned by Masimo Corp. and is drawn to systems and methods for processing electronic signals generated by pulse oximeters, which non-invasively monitor the arterial oxygen saturation in the blood.  In the decision, the Board granted the institution of the inter partes review because the Petitioner had demonstrated a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the Petition.  The inter partes review remains pending at the Board and is captioned IPR2016-00056.

By:  Jacqueline A. DiRamio

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