Institution Denied in Ophthalmic Illuminator Inter Partes Review

On January 11, 2019, the USPTO’s Patent Trial and Appeal Board (“Board”) denied institution of IPR2018-01309 filed by Haag-Streit AG, Haag-Streit Holdings AG, and Metall Zug Ag (“Petitioners”). In IPR2018-01309, the Petitioners challenged claims 1, 5, 6, 8-10, 14-16, and 19 of U.S. Patent No. 6,547,394 (“the ‘394 Patent”) as anticipated under 35 U.S.C. § 102, and claims 6, 10, and 14 as obvious under 35 U.S.C. § 103. The ‘394 Patent is owned by Eidolon Optical, LLC and is drawn to a device used to illuminate a patient’s eye for ophthalmic examination. The Board denied institution because the the Petitioners failed to establish a reasonable likelihood that they would prevail in showing the unpatentability of at least one of the challenged claims.

By:  April Breyer Menon

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