PTAB Issues Final Written Decision Finding Some Mask Patent Claims Obvious

On January 23, 2019, the USPTO’s Patent Trial and Appeal Board (“Board”) issued a final written decision in an inter partes review proceeding filed by Fisher & Paykel Healthcare Limited (“Petitioner”). IPR2017-00632 relates to the patentability of claims 17, 18, 20-23, 26-30, 32, 33, 35-38, 41-46, and 48-91 of U.S. Patent No. 8,944,061 (“the ‘061 Patent”). The ‘061 Patent, which is owned by ResMed Limited, is drawn to a patient interface for use in treatment of sleep disordered breathing, such as obstructive sleep apnea, and in particular to an apparatus for securing a face-contacting potion of a patient interface, such as a cushion, to a mask frame.

In the IPR2017-00632 decision, the Board determined that the Petitioner had shown by a preponderance of the evidence that claims 17, 18, 20, 21, 23, 28, 29, 32, 33, 35, 36, 38, 43, 44, 46, 81, 84, 85, 87, and 88 of the ‘061 Patent are unpatentable as obvious over various patent references under 35 U.S.C § 103. The Board determined that the Petitioner had not shown by a preponderance of the evidence that claims 22, 26, 27, 30, 37, 41, 42, 45, 48-80, 82, 83, 86, and 89-91 are unpatentable as obvious over various patent references.

By:  April Breyer Menon

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