Petitions for Inter Partes Reviews by Oticon Medical et al.

On March 3, 2017, Oticon Medical AB; Oticon Medical LLC; and William Demant Holding A/S (“Petitioners”) filed two Petitions to the USPTO’s Patent Trial and Appeal Board (“Board”) for inter partes reviews of (i) claims 1-10 and 13 of U.S. Patent No. 7,043,040 (“the ‘040 Patent”), and (ii) claims 1, 11, and 12 of the ‘040 Patent.  The ‘040 Patent, which is owned by Cochlear Bone Anchored Solutions AB, is directed to a hearing aid apparatus for treating patients suffering from unilateral hearing loss.  In the Petitions, Petitioners assert that (i) claims 1-10 and 13 of the ‘040 Patent are obvious under 35 U.S.C. § 103 over various patent and non-patent literature documents, and (ii) claims 1, 11, and 12 of the ‘040 Patent are anticipated and/or obvious under 35 U.S.C. §§ 102 and/or 103 over a non-patent literature document with or without a prior Canadian Patent document.  The inter partes reviews remain pending at the Board and are captioned IPR2017-01018 and IPR2017-01019, respectively.

By:  Jacqueline A. DiRamio

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