Institution Denied in Syringe Safety Device Inter Partes Reviews

On December 6, 2018, the USPTO’s Patent Trial and Appeal Board (“Board”) denied institution of IPR2018-01159 and IPR2018-01162 filed by West Pharmaceutical Services, Inc. (“Petitioner”).

In IPR2018-01159, the Petitioner challenged claims 1-13, 18, and 20 of U.S. Patent No. 9,586,011 (“the ‘011 Patent”) as obvious under 35 U.S.C. § 103. In IPR2018-01162, the Petitioner challenged claims 1-14 and 16-19 of U.S. Patent No. 9,352,099 (“the ‘099 Patent”) as obvious under 35 U.S.C. § 103.

The ‘011 and ‘099 Patents are owned by Sanofi-Aventis Deutschland GmbH and are drawn to a needle safety device for a pre-filled syringe having a hypodermic needle. The Board denied institution in IPR2018-01159 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. The Board exercised its discretion under 35 U.S.C. § 325(d) in denying IPR2018-01162.

IPR2018-01159 remains pending at the Board.

By:  April Breyer Menon

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