Institution Denied in Ocular Shunt Inter Partes Reviews

On December 6, 2018, the USPTO’s Patent Trial and Appeal Board (“Board”) denied institution of IPR2018-01147 and IPR2018-01180 filed by Ivantis, Inc. (“Petitioner”).

In IPR2018-01147, the Petitioner challenged claims 24-27, 30, 33-36, 40, 47, 48, and 50 of U.S. Patent No. 6,626,858 (“the ‘858 Patent”) as obvious under 35 U.S.C. § 103. In IPR2018-01180, the Petitioner challenged claims 1, 3-8, 11-16, 20-24, 26-29, 31, and 38-42 of U.S. Patent No. 9,827,143 (“the ‘143 Patent”) as anticipated under 35 U.S.C. § 102, and claims 1-42 as obvious under 35 U.S.C. § 103.

The ‘858 and ‘143 Patents are owned by Glaukos Corporation and are drawn to shunts for treating glaucoma. 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, particularly because the Petitioner relied on a reference that was not prior art.

By:  April Breyer Menon

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