PTAB Denies Institution of Breathing Assistance Apparatus Patent

March 8, 2017 – The Patent Trial and Appeal Board (PTAB) denied institution of inter partes review of Fisher & Paykel’s U.S. Patent No. 8,443,807, related to a nasal interface for the supply of positive pressure respiratory gases to a person suffering from obstructive sleep apnea.  The PTAB reasoned that Petitioner, ResMed, did not demonstrate a reasonable likelihood that it would prevail with respect to obviousness challenges over the asserted prior art.  The case is captioned RedMed Ltd., et al. v. Fisher & Paykel Healthcare Ltd., IPR2016-01726.

By:  Christopher J. Stankus

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