PTAB Declines to Institute IPR on Resmed Limited’s Mask Technology

April 13, 2017 – Patent Trial and Appeal Board Administrative Patent Judge Richard E. Rice issued a decision on April 11, denying a request by Fisher & Paykel Healthcare Limited for inter partes review of Resmed Limited’s U.S. Patent No. 9,119,931, entitled “Mask System” in Cases IPR2017-00064 and IPR2017-00065.  The Board declined to institute IPR because Fisher & Paykel Healthcare Limited had failed to establish that the cited prior art references obviated the claimed subject matter in the ’931 patent.  The ’931 patent is directed towards mask systems asserted to be useful for treating, inter alia,  sleep disordered breathing.

By:  Madhundra Sivakumar