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