PTAB Issues Final Written Decision Finding Hearing Aid Claims Obvious

On February 21, 2019, the USPTO’s Patent Trial and Appeal Board (“Board”) issued a final written decision in an inter partes review proceeding filed by GN Hearing A/S (“Petitioner”). IPR2017-01927 relates to the patentability of claims 1-8 of U.S. Patent No. 8,494,204 (“the ‘204 Patent”). The ‘204 Patent, which is owned by Oticon A/S (“Patent Owner”), is drawn to an audio device comprising a microphone with the preferred embodiment being a hearing aid.

In the IPR2017-01927 decision, the Board determined that the Petitioner had shown by a preponderance of the evidence that claims 1-8 of the ‘204 Patent are unpatentable as obvious under 35 U.S.C § 103.

By:  April Breyer Menon

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