Cynthia M. Hardman
51 IP cases indexed. Covers patent matters.
Cases Presided Over
51 cases indexed | Page 1 of 2
ClearCorrect Operating, LLC et al. v.Align Technology, Inc.
ClearCorrect Operating challenged Align Technology's dental treatment planning patent (11,369,456 B2) before the PTAB. The Board found a reasonable likelihood of prevailing on Ground 1, based on obviousness over Chishti-511, Chishti-876, and Sachdeva.
ClearCorrect Operating, LLC et al. v.Align Technology, Inc.
ClearCorrect Operating lost its IPR challenge against Align Technology's '879 patent in a PTAB decision focused on obviousness. The Board rejected the petitioner’s argument that combining prior art references would render the claims obvious, upholding the validity of the challenged technology in orthodontics.
ClearCorrect Operating, LLC et al. v.Align Technology, Inc.
ClearCorrect Operating lost its IPR challenge against Align Technology regarding dental treatment planning technology. The PTAB ruled that the claimed obviousness over prior art was not demonstrated, upholding the validity of the patent claims.
ClearCorrect Operating, LLC et al. v.Align Technology, Inc.
ClearCorrect Operating successfully moved its IPR against Align Technology's dental scanning patent to the trial phase. The Board found a reasonable likelihood of prevailing on at least one claim, leading to institution on all 20 claims.
Eunsung Global Corp. v.HydraFacial LLC et al.
HydraFacial and Eunsung Global settled their IPR dispute before the Board could institute a trial. The joint motion to terminate was granted, and the settlement agreement was kept confidential.
ResMed Corp. v.Cleveland Medical Devices, Inc.
ResMed Corp. successfully convinced the PTAB to institute IPR proceedings against Cleveland Medical Devices regarding a patent covering sleep disorder treatment/CPAP systems. The Board found that ResMed demonstrated a reasonable likelihood of prevailing on Grounds 1-3, which centered on obviousness (35 U.S.C. § 103).
ResMed Corp. v.Cleveland Medical Devices, Inc.
ResMed Corp. successfully challenged Cleveland Medical Devices' sleep apnea monitoring patent via IPR, arguing the claims were obvious over combinations of prior art references. The Board found a reasonable likelihood of prevailing on at least one claim, leading to institution.
Ascentcare Dental Products, Inc. v.Solmetex, LLC
Ascentcare Dental Products, Inc.'s IPR petition against Solmetex, LLC's dental device patent was denied by the PTAB. The Board ruled that Petitioner failed to provide sufficient evidence regarding obviousness over prior art references like Black and Park/Baughan/Johnson.
Merck Sharp & Dohme LLC v.Halozyme, Inc. et al.
Merck Sharp & Dohme LLC successfully petitioned the PTAB to challenge Halozyme's PH20 polypeptide claims under 35 U.S.C. § 112 for lack of written description and enablement. The Board instituted the petition, finding that the specification broadly defines a 'modified PH20 polypeptide' but lacked sufficient examples to support the vast scope of multiply-substituted variants claimed.
Merck Sharp & Dohme LLC v.Halozyme, Inc. et al.
Merck Sharp & Dohme LLC successfully challenged Halozyme, Inc.'s patent claims on grounds of enablement and obviousness. The Board ruled that the claimed modified polypeptides must exhibit hyaluronidase activity, narrowing the scope of the genus. This decision sets a precedent for interpreting functional limitations in polypeptide patents.
Merck Sharp & Dohme LLC v.Halozyme, Inc. et al.
Merck Sharp & Dohme LLC successfully petitioned the PTAB to invalidate Halozyme, Inc.'s claims covering a genus of modified PH20 polypeptides. The Board found that the broad scope of the claimed variants lacked adequate written description and enablement support in the original patent disclosure. This decision significantly challenges the breadth of the patented technology in hyaluronidase drug development.
Ascentcare Dental Products, Inc. v.Solmetex, LLC
The PTAB denied Ascentcare Dental Products' IPR petition against Solmetex, LLC's dental device patent due to procedural timing issues. The Board found the patent was a post-AIA patent and the petition was filed too early.
Merck Sharp & Dohme LLC v.Halozyme, Inc. et al.
Merck Sharp & Dohme LLC successfully petitioned to institute IPR against Halozyme, Inc.'s patent (12195773) based on grounds of enablement and obviousness. The Board found it likely that the claims defining a vast genus of modified polypeptides are unpatentable due to insufficient disclosure regarding solubility and activity prediction.
Merck Sharp & Dohme LLC v.Halozyme, Inc. et al.
Merck Sharp & Dohme LLC successfully petitioned for institution in a PGR proceeding against Halozyme, Inc., challenging the '758 patent on grounds of enablement and obviousness. The Board adopted a broad claim construction for 'modified PH20 polypeptide,' which significantly broadened the scope of the challenged claims.
Merck Sharp & Dohme LLC v.Halozyme, Inc. et al.
Merck Sharp & Dohme successfully challenged Halozyme's patent claims in a PGR proceeding, focusing on enablement and obviousness. The Board adopted a functional claim construction requiring 'modified PH20 polypeptide' to exhibit hyaluronidase activity.
Merck Sharp & Dohme LLC v.Halozyme, Inc. et al.
Merck Sharp & Dohme LLC successfully challenged Halozyme, Inc.'s '590 patent on grounds of enablement and obviousness. The PTAB found the claims were overly broad regarding polypeptide scope, requiring undue experimentation for a skilled artisan.
LifeVac, LLC v.DCStar Inc.
LifeVac, LLC's IPR petition against DCStar Inc. was denied by the PTAB after the Board found insufficient evidence of unpatentability. The decision hinged on a prior art challenge regarding an inventor-originated public disclosure (IDEAR) that predated one key reference.
Merck Sharp & Dohme LLC v.Halozyme, Inc. et al.
Merck Sharp & Dohme LLC successfully challenged Halozyme, Inc.'s patent on enablement and obviousness grounds in a PTAB decision. The Board found that the patent documents supported a broad definition of modified PH20 polypeptides, while noting the petitioner had established a likelihood of prevailing on enablement but failed to prove obviousness.
Eunsung Global Corp. v.HydraFacial LLC et al.
Eunsung Global Corp. and HydraFacial LLC settled their inter partes review disputes, leading the PTAB to terminate both IPRs before institution. The settlement agreement is treated as confidential business information.
Eunsung Global Corp. v.HydraFacial LLC et al.
Eunsung Global and HydraFacial settled their inter partes review disputes before the PTAB instituted a trial. The Board granted joint motions to terminate and to keep the settlement agreement confidential, ending the proceedings.
Merck Sharp & Dohme LLC v.Halozyme, Inc. et al.
The PTAB instituted the PGR petition challenging Halozyme's patent covering modified PH20 polypeptides. The Board found that the claims were not sufficiently supported by the specification regarding enablement and obviousness, despite Petitioner's arguments about the genus size.
Merck Sharp & Dohme LLC v.Halozyme, Inc. et al.
Merck Sharp & Dohme LLC successfully challenged Halozyme, Inc.'s patent on modified PH20 polypeptides in a PGR proceeding. The Board found likelihood of prevailing based on arguments regarding the genus's scope and potential lack of enablement/obviousness.
Merck Sharp & Dohme LLC v.Halozyme, Inc. et al.
Merck Sharp & Dohme LLC successfully petitioned the PTAB against Halozyme, Inc.'s '298 patent covering modified PH20 polypeptides. The Board granted institution despite challenges based on Written Description and Enablement, allowing the dispute to proceed to trial.
Sinclair Pharma Limited et al. v.HydraFacial LLC
Sinclair Pharma Limited et al. successfully instituted IPR proceedings against HydraFacial LLC regarding skin treatment systems, finding a reasonable likelihood of obviousness over prior art references. The Board found that combining existing microdermabrasion and irrigation technologies renders the challenged claims unpatentable.
ResMed Corp. v.Cleveland Medical Devices, Inc.
The PTAB denied ResMed Corp.'s Inter Partes Review petition against Cleveland Medical Devices' patent, citing prior filings and concerns over 'road-mapping'.
LifeScan, Inc. et al. v.Cellspin Soft, Inc.
LifeScan successfully petitioned the PTAB to institute an IPR against Cellspin Soft's patent, asserting that the claimed wireless data transmission methods are obvious over various combinations of prior art. The Board found a reasonable likelihood of prevailing on multiple grounds, moving the dispute into active review proceedings.
LifeScan, Inc. et al. v.Cellspin Soft, Inc.
LifeScan and co-petitioners successfully convinced the PTAB to institute trial on all 15 claims of patent 9900766 against Cellspin Soft, Inc. The Board found sufficient evidence that the claimed multimedia content distribution methods were obvious over various combinations of prior art references, including Singh906, Kahn, and Bluetooth specifications.
LifeScan, Inc. et al. v.Cellspin Soft, Inc.
The PTAB granted institution for an IPR challenge against Cellspin Soft's patent (11234121), asserting obviousness over multiple prior art references. Petitioners, including LifeScan and Senseonics, successfully argued that the claims were rendered obvious by combinations of existing wireless technology standards and academic publications.
Merck Sharp & Dohme LLC v.Halozyme, Inc. et al.
Merck Sharp & Dohme LLC successfully challenged Halozyme, Inc.'s claims regarding modified PH20 polypeptides in a PTAB decision. The Board instituted trial based on enablement and written description grounds, finding that the broad genus of claimed molecules required undue experimentation to identify active variants.
LCY Biotechnology Holding, Inc. v.Radici Chimica, S.p.A.
LCY Biotechnology and Radici Chimica settled their post‑grant review dispute over U.S. Patent 11,781,148. The parties filed a joint motion to terminate, and the PTAB dismissed the petition, terminating the proceeding.
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