On January 24, 2018, the USPTO’s Patent Trial and Appeal Board (“Board”) issued orders in inter partes reviews regarding two petitions filed by Apple Inc. (“Petitioner”). In the orders, the Board instituted the inter partes reviews, which each involved the patentability of certain claims recited in U.S. Patent No. 8,652,040 (“the ‘040 Patent”). The ‘040 Patent is owned by Valencell, Inc. and is drawn to a wearable apparatus for wireless health and environmental monitors. In the institution decisions, the Board granted the institution of each of the inter partes reviews because the Petitioner had demonstrated a reasonable likelihood of prevailing in showing that the challenged claims were unpatentable over various patent documents under 35 U.S.C. § 103. The inter partes reviews remain pending at the Board and are captioned IPR2017-01702 and IPR2017-01703, respectively.
By: Jacqueline A. DiRamio