PTAB Issues Final Written Decisions Finding Blood Testing Claims Anticipated but Not Obvious

On February 13, 2019, the USPTO’s Patent Trial and Appeal Board (“Board”) issued final written decisions in two inter partes review proceedings filed by Instrumentation Laboratory Company, CA Casyso AG, and Werfen USA, LLC (“Petitioners”). IPR2017-00852 relates to the patentability of claims 1 and 2 of U.S. Patent No. 9,272,280 (“the ‘280 Patent”). IPR2017-00855 relates to the patentability of claims 1-20 of U.S. Patent No. 9,410,971 (“the ‘971 Patent”). The ‘280 and ‘971 Patents, which are owned by HemoSonics LLC (“Patent Owner”), are drawn to devices, systems, and methods for evaluation of hemostasis.

In the IPR2017-00852 decision, the Board determined that the Petitioner had shown by a preponderance of the evidence that claims 1 and 2 of the ‘280 Patent are unpatentable as anticipated under 35 U.S.C § 102.

In the IPR2017-00855 decision, the Board determined that the Petitioner had shown by a preponderance of the evidence that claims 1, 2, 6-8, 15 and 16 of the ‘241 Patent are unpatentable as anticipated under 35 U.S.C § 102. However, the Board determined that the Petitioner had failed to show by a preponderance of the evidence that claims 3-5, 9-14, and 17-20 of the ‘241 Patent are unpatentable as obvious under 35 U.S.C § 103.

By:  April Breyer Menon

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