Institution Denied in Respiratory Pressure Device Inter Partes Review

On November 29, 2018, the USPTO’s Patent Trial and Appeal Board (“Board”) denied institution of IPR2018-01025 filed by DR Burton Healthcare, LLC (“Petitioner”).

In IPR2018-01025, the Petitioner challenged claims 1-22, 25, and 26 of U.S. Patent No. 9,808,588 (“the ‘588 Patent”) as anticipated under 35 U.S.C. § 102 and claims 3, 6, 9-17, 23, and 24 as obvious under 35 U.S.C. § 103.

The ‘588 Patent is owned by Trudell Medical International and is drawn to an oscillating positive respiratory pressure device and methods for using the device. The Board denied institution because the Petitioner failed to establish a reasonable likelihood that it would prevail in showing the unpatentability of at least one of the challenged claims.

By:  April Breyer Menon

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