On December 15, 2017, the USPTO’s Patent Trial and Appeal Board (“Board”) issued a final decision in an inter partes review regarding a petition filed by Becton, Dickinson and Company (“Petitioner”) over the patentability of claims 1, 2, 10, 12, 25, and 28 recited in U.S. Patent No. 8,337,463 (“the ‘463 Patent”). The ‘463 Patent, which is owned by B. Braun Melsungen AG, is drawn to a catheter insertion device. In the decision, the Board denied the institution of the inter partes review because the Petitioner had not established a reasonable likelihood of prevailing with respect to at least 1 of the claims challenged in the petition. The inter partes review remains pending at the Board and is captioned IPR2017-01585.
By: Jacqueline A. DiRamio