Petition for Inter Partes Review by BASF SE

On June 11, 2018, the USPTO’s Patent Trial and Appeal Board (“Board”) issued a decision in an inter partes review regarding a petition filed by BASF SE (“Petitioner”).  In the decision, the Board denied the institution of the inter partes review, which involved the patentability of claims 1-19 recited in U.S. Patent No. 9,353,220 (“the ‘220 Patent”).  The ‘220 Patent is owned by Fresenius Medical Care Holdings, Inc. and is drawn to a method for making polyarylethers and use in membrane preparation.  In the institution decision, the Board denied the institution of the inter partes review because the Petitioner had not 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 review remains pending at the Board and is captioned IPR2018-00283.

By:  Jacqueline A. DiRamio

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