November 16, 2016 – The Federal Circuit vacated and remanded a PTAB final written decision in favor of Petitioners Olympus America Inc. and Olympus Medical Systems Corporation, finding unpatentable claims of a Perfect Surgical Techniques surgical instrument patent, U.S. Patent No. 6,030,384. The Federal Circuit ruled that the reasonable diligence standard the Board used was “too exacting and in conflict with our precedent” and that the patent owner must only show “reasonably continuous diligence.” Accordingly, the Court reversed the decision that PST failed to antedate the prior art. The cases are Perfect Surgical Techniques Inc. v. Olympus America Inc. et al., CAFC-15-2043 and CAFC-15-2045, in the U.S. Court of Appeals for the Federal Circuit.
By: Joyce L. Nadipuram