PTAB Denies Institution of Inter Partes Review for Skin Imaging Patents

March 20, 2018 – Quantificare, Inc. had filed a petition for inter partes review against The Procter & Gamble Company’s skin imaging patent. On March 16, the Board denied institution of inter partes review of a patent directed to locating visual skin defects under §§ 102(a) and 103(a). Petitioner cited an article and bracketed the term “electronically,” indicating the limitation was not taught in the article, thereby acknowledging missing limitations that would preclude anticipation. The Board held that Petitioner did not satisfactorily explain how what was taught in the article would have been modified to perform the “electronically analyzing” step. Further, the Board did not find Petitioner’s international patent application publication persuasive as prior art against the claims in question.

The patent at issue was U.S. Patent No. 6,571,003, entitled “Skin Imaging and Analysis Systems and Methods.” The case is captioned Quantificare, Inc. v. The Procter & Gamble Company, Case No. IPR2017-02113.

By: Julian G. Pymento