Petitions for Inter Partes Review by Minerva Surgical, Inc.

On September 12, 2016, the USPTO’s Patent Trial and Appeal Board (“Board”) issued two final written decisions in related inter partes reviews regarding petitions filed by Minerva Surgical Inc. (“Petitioner”) over the patentability of claims 1-15 recited in U.S. Patent No. 9,095,348 (“the ‘348 Patent”).  The ‘348 Patent, which issued on August 4, 2015, is owned by Hologic, Inc., and is drawn to a moisture transport system for contact electrocoagulation, which comprises an apparatus for ablating the interior linings of body organs.  In the decisions, the Board denied the institution of both of the inter partes reviews because the Petitioner had established a reasonable likelihood of prevailing that claims 1-15 of the ‘348 Patent are unpatentable under 35 U.S.C. §103.  The inter partes reviews remain pending at the Board and are captioned IPR2016-00680 and IPR2016-00685, respectively.

By:  Jacqueline A. DiRamio

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