Petition To Institute Inter Partes Review Denied on Patent for Headgear for Masks

January 10, 2018 – Fisher & Paykel Healthcare Limited had filed a petition for inter partes review against ResMed Corp., ResMed Inc., and ResMed Limited, collectively ResMed Limited under both 35 U.S.C. §102 and §103 in the USPTO’s Patent Trial & Appeal Board. However, on January 25, 2018, the Board denied institution of inter partes review of a patent directed to a headgear system for use in the treatment of obstructive sleep apnea. Petitioner had previously filed an IPR, on November 2016, challenging all of the claims of the ’404 patent and the Board instituted inter partes review in IPR2017- 00340 on a subset of claims. In that decision, the Board found that Petitioner failed to demonstrate a reasonably likelihood of success in proving unpatentability. Petitioner filed again, attempting to use the previous decision as guidance to cure the deficiencies in their arguments. However, the PTAB denied institution again because Petitioner did not explain adequately how its claim construction approach was objectively reasonable.

The patent at issue is U.S. Patent No. 8,950,404, entitled “Headgear for masks.” The case is captioned Fisher & Paykel Healthcare Limited v. ResMed Limited, Case No. IPR2017-01905.

By: Julian G. Pymento