Petition for Inter Partes Review by Nipro Corporation et al.

On September 26, 2016, the USPTO’s Patent Trial and Appeal Board (“Board”) issued a final written decision in an inter partes review regarding a petition filed by Nipro Corporation and Nipro Medical Corporation (“Petitioner”) over the patentability of claims 1-9, 12-16, 19-26, and 28 recited in U.S. Patent No. 8,092,414 (“the ‘414 Patent”).  The ‘414 Patent, which issued on January 10, 2012, is owned by NxStage Medical, Inc., and is drawn to a diaphragm pressure pod for medical fluids.  In the decision, the Board denied Petitioner’s Request for Rehearing of the Board’s Decision denying the institution of the inter partes review because the Petitioner had not established a reasonable likelihood of prevailing that claims 1-9, 12-16, 19-26, and 28 of the ‘414 Patent are unpatentable under 35 U.S.C. §§ 102 and/or 103.  In particular, in the decision denying the Request for Rehearing, the Board was not persuaded by Petitioner’s arguments that the Board had overlooked various arguments relating to the claimed terms.  The inter partes review remains pending at the Board and is captioned IPR2016-00744.

By:  Jacqueline A. DiRamio

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