Judge Profile

Erica A. Franklin

14 IP cases indexed. Covers patent matters.

Cases Presided Over

14 cases indexed | Page 1 of 1

patent denied · Dec 2, 2024

Honeywell International Inc. v.DSM IP Assets, B.V. et al.

· IPR2024-00493

Honeywell International Inc.'s IPR challenge against DSM IP Assets, B.V. et al. was denied by the PTAB. The Board found that the Petitioner failed to meet the reasonable likelihood standard for obviousness over various prior art combinations in the field of biomedical devices and polymer fibers.

patent denied · Nov 9, 2024

Curio Bioscience et al. v.Prognosys Biosciences Inc. et al.

· IPR2024-01289

The PTAB denied the IPR petition brought by Curio Bioscience against Prognosys and 10X Genomics, finding that the challenged claims were not obvious over Cantor or anticipated by Frisen. The Board upheld the Patent Owner's position regarding spatial analysis in tissue samples.

patent instituted · Sep 16, 2024

Bio-Rad Laboratories, Inc. v.California Institute of Technology et al.

· IPR2024-01451

Bio-Rad Laboratories successfully secured the institution of its IPR against California Institute of Technology's patent, challenging claims based on anticipation and obviousness. The Board found that Bio-Rad demonstrated a reasonable likelihood of prevailing regarding Claim 1 over Larson.

patent instituted · Aug 21, 2024

Biofrontera Incorporated et al. v.Sun Pharmaceutical Industries, Inc.

· IPR2024-01312

Biofrontera's IPR challenge against Sun Pharmaceutical regarding photodynamic therapy illuminators was instituted by the PTAB. The Board found a reasonable likelihood of prevailing on obviousness grounds over Lundahl and Larsen, focusing on combining prior art elements for flexible device design.

patent instituted · May 29, 2024

Salvacion USA, Inc. et al. v.Trutek Corp.

· IPR2024-00711

Salvacion USA successfully achieved institution in the IPR against Trutek Corp.'s nasal application formulations, facing challenges of anticipation and obviousness over prior art including Chen. The Board found Petitioner's arguments persuasive on the record after detailed claim construction, setting the stage for a full trial.

patent instituted · May 9, 2024

Avation Medical, Inc. v.EMKinetics, Inc.

· IPR2024-01378

Avation Medical successfully challenged EMKinetics' patent (9002477) in a PTAB decision, asserting that the claims were anticipated or obvious. The Board found strong evidence supporting unpatentability over multiple prior art references, moving the case toward trial.

patent denied · Apr 30, 2024

Biofrontera AG et al. v.Sun Pharmaceutical Industries, Inc.

· IPR2024-00874

The PTAB denied an IPR challenge brought by Biofrontera AG against Sun Pharmaceutical Industries regarding photodynamic therapy illuminators. The Board found the petitioner failed to demonstrate a reasonable likelihood of prevailing on obviousness grounds (103).

patent · Mar 29, 2024

Cala Health, Inc. v.EMKinetics, Inc.

· IPR2024-00743

The Board issued an order granting Cala Health and EMKinetics' joint request to keep their Confidential Settlement Agreement private under 37 C.F.R. §42.74(c). The agreement will be treated as business confidential information and kept separate from the patent file.

patent terminated or settled · Mar 29, 2024

Cala Health, Inc. v.EMKinetics, Inc.

· IPR2024-00732

The PTAB issued an order compelling Cala Health and EMKinetics to file a true copy of their settlement agreement before the joint motion to dismiss can be acted upon, emphasizing compliance with 37 C.F.R. § 42.74(b). A dissenting judge argues the rule does not apply pre‑institution.

patent terminated or settled · Mar 29, 2024

Cala Health, Inc. v.EMKinetics, Inc.

· IPR2024-00732

Cala Health and EMKINETICS settled their dispute over two patents, filing a joint motion that led the PTAB to terminate the inter partes review proceedings before trial.

patent denied · Mar 26, 2024

Ovid Therapeutics Inc. v.Marinus Pharmaceuticals, Inc.

· IPR2024-00726

Ovid Therapeutics Inc.'s IPR challenge against Marinus Pharmaceuticals, Inc. was denied by the PTAB on grounds of obviousness (103). The Board found that Petitioner failed to demonstrate a reasonable likelihood of prevailing in its challenges regarding plasma concentration limitations and priority.

patent terminated or settled · Mar 25, 2024

Intersect ENT, Inc. et al. v.New Amsterdam, LLC

· IPR2024-00713

Intersect ENT and New Amsterdam settled their IPR dispute over U.S. Patent 6,916,483, filing a joint motion that led the PTAB to terminate the proceeding before trial.

patent instituted · Mar 9, 2024

Avation Medical, Inc. v.EMKinetics, Inc.

· IPR2024-01375

Avation Medical successfully secured the institution of its IPR against EMKinetics, challenging claims 1-13 based on obviousness over combinations of prior art. The Board found that Petitioner adequately supported unpatentability by demonstrating skilled artisans could make the claimed modifications to existing nerve stimulation methods.

patent instituted · Feb 7, 2024

Illumina, Inc. v.Molecular Loop Biosciences, Inc.

· IPR2024-00964

Illumina successfully petitioned the PTAB to institute an IPR against Molecular Loop Biosciences regarding next-generation sequencing technology. The Board found a reasonable likelihood of obviousness over Parameswaran and Gloor, allowing the case to proceed to trial.

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