John G. New
50 IP cases indexed. Covers patent matters.
Cases Presided Over
50 cases indexed | Page 1 of 2
Solus Advanced Materials Co., Ltd. et al. v.SK nexilis Co., Ltd.
The PTAB denied Solus Advanced Materials' request for rehearing of its institution denial, finding the petition did not overcome the Fintiv factors, particularly the tight trial schedule. Institution of the IPR remains denied.
Formycon AG v.Regeneron Pharmaceuticals, Inc.
Formycon secured an institution of IPR against Regeneron's VEGF‑antagonist formulation patent (10,464,992), covering claims 1‑18, after the Board found a reasonable likelihood of success.
Neurocrine Biosciences, Inc. v.Spruce Biosciences, Inc.
The PTAB held that Neurocrine Biosciences' challenge succeeded; claims 1‑25 of Spruce Biosciences' ’908 patent were found unpatentable for lack of written description under 35 U.S.C. §112(a). The Board applied Ariad standards and rejected the genus claim.
Neurocrine Biosciences, Inc. v.Spruce Biosciences, Inc.
The PTAB held that Neurocrine Biosciences’ challenge to Spruce Biosciences’ ’201 patent succeeded; all 19 claims were found unpatentable for lack of written description under §112(a).
Avation Medical, Inc. v.EMKinetics, Inc.
The PTAB found all 13 challenged claims unpatentable under 35 U.S.C § 103. The Board concluded that the claimed nerve stimulation therapy was obvious over combinations of prior art, specifically citing modifications to Svihra and Amarenco using Mann and Ponsford. This decision confirms the lack of inventive step for the technology described in the patent.
Avation Medical, Inc. v.EMKinetics, Inc.
The PTAB found that all ten challenged claims of the patent were unpatentable. The decision concluded that the claims were either anticipated by or obvious over various cited prior art references in electrical stimulation therapy.
Dr. Squatch, LLC v.The Procter & Gamble Company
The PTAB found all 19 challenged claims unpatentable based on obviousness (35 U.S.C. § 103). The Petitioner successfully demonstrated that a Person Having Ordinary Skill in the Art would have been motivated to combine various prior art references for predictable results. This decision confirms the validity of the combination approach under POSA principles in deodorant formulation technology.
Dexcom, Inc. v.Abbott Diabetes Care Inc.
Dexcom failed to convince the PTAB that Abbott's glucose monitoring patent was unpatentable based on obviousness grounds. The Board denied institution, finding insufficient evidence across multiple prior art combinations.
Dr. Squatch, LLC v.The Procter & Gamble Company
Dr. Squatch successfully petitioned against Procter & Gamble's deodorant patent, leading the PTAB to institute the case after finding a reasonable likelihood of unpatentability. The Board found multiple grounds of obviousness (35 U.S.C. § 103) across various claims using combinations of prior art references.
Dr. Squatch, LLC v.The Procter & Gamble Company
Dr. Squatch, LLC successfully petitioned PTAB to challenge Procter & Gamble's deodorant patent (10966915), leading to institution of the IPR. The Board found Petitioner sufficiently demonstrated a material error in allowing claims over prior art like Lesniak and Native/Bianchi '254.
Dr. Squatch, LLC v.The Procter & Gamble Company
Dr. Squatch, LLC successfully challenged The Procter & Gamble Company's patent claims in an IPR proceeding, demonstrating a reasonable likelihood of prevailing on unpatentability for key deodorant compositions. The Board found that prior art references taught sufficient motivation to combine elements across different personal care fields.
Dr. Squatch, LLC v.The Procter & Gamble Company
The PTAB decided to institute IPR proceedings against a deodorant/antiperspirant patent, finding that Petitioner demonstrated a reasonable likelihood of prevailing on several key claims. The decision validates the use of multiple prior art references in personal care compositions for obviousness challenges.
Avanos Medical, Inc. v.Stratus Medical, LLC
Avanos Medical successfully petitioned to institute IPR proceedings against Stratus Medical's patent, demonstrating a reasonable likelihood of success on obviousness grounds. The Board found sufficient evidence that the claimed RF neurotomy features could be achieved by combining existing prior art references.
Avanos Medical, Inc. v.Stratus Medical, LLC
Avanos Medical, Inc. successfully convinced the PTAB to institute an IPR against Stratus Medical, LLC's '688 patent. The Board found a reasonable likelihood of success based on obviousness grounds (35 U.S.C. § 103) using prior art combinations like Racz and Lee.
Avanos Medical, Inc. v.Stratus Medical, LLC
Avanos Medical successfully navigated the institution phase of an IPR against Stratus Medical's RF neurotomy patent (10736688). The Board found a reasonable likelihood of success on multiple grounds, allowing the case to proceed to trial.
Avanos Medical, Inc. v.Stratus Medical, LLC
Avanos Medical successfully petitioned to institute an IPR against Stratus Medical regarding a neurotomy system patent (10925664). The Board found reasonable likelihood of success on the obviousness grounds, targeting claims 1-29.
Penumbra, Inc. v.RapidPulse, Inc.
Penumbra successfully petitioned to institute IPR against RapidPulse regarding claims related to aspiration thrombectomy systems. The Board found a reasonable likelihood of obviousness across multiple grounds, including combinations involving Yang and Mullins.
Avation Medical, Inc. v.EMKinetics, Inc.
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.
Avation Medical, Inc. v.EMKinetics, Inc.
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.
Solus Advanced Materials Co., Ltd. et al. v.SK nexilis Co., Ltd.
Solus Advanced Materials Co., Ltd.'s IPR challenge against SK nexilis Co., Ltd. was denied institution by the PTAB, despite a 'close call' on the merits. The denial hinged primarily on procedural factors related to scheduling and parallel litigation.
Solus Advanced Materials Co., Ltd. et al. v.SK nexilis Co., Ltd.
Solus Advanced Materials Co., Ltd.'s request for rehearing was denied after the PTAB initially denied institution of IPR against SK nexilis Co., Ltd.'s copper foil patent, upholding the finding that obviousness claims lacked sufficient evidence.
Solus Advanced Materials Co., Ltd. et al. v.SK nexilis Co., Ltd.
The PTAB denied Solus Advanced Materials' IPR challenges against SK nexilis regarding claims covering electrolytic copper foils for secondary batteries. The Board found that Petitioner failed to establish a reasonable likelihood of prevailing, particularly rejecting conclusory expert testimony used to bridge prior art gaps.
Solus Advanced Materials Co., Ltd. et al. v.SK nexilis Co., Ltd.
The PTAB denied Solus Advanced Materials' request for rehearing, upholding the initial decision to deny institution of IPR against SK nexilis regarding surface roughness claims. The Board found insufficient evidence of motivation to combine prior art references.
Solus Advanced Materials Co., Ltd. et al. v.SK nexilis Co., Ltd.
The PTAB denied the institution of an IPR challenge brought by Solus Advanced Materials Co., Ltd. against SK nexilis Co., Ltd.'s patent, finding insufficient evidence to support obviousness claims. The Board rejected the petitioner's reliance on hindsight bias when attempting to combine prior art references.
Solus Advanced Materials Co., Ltd. et al. v.SK nexilis Co., Ltd.
Solus Advanced Materials Co., Ltd.'s request for rehearing was denied by the PTAB, upholding the initial decision to deny institution of IPR against SK nexilis's copper foil patent.
Solus Advanced Materials Co., Ltd. et al. v.SK nexilis Co., Ltd.
Solus Advanced Materials Co. lost its request for rehearing after the PTAB denied institution of IPR against SK nexilis regarding copper foil patents.
Solus Advanced Materials Co., Ltd. et al. v.SK nexilis Co., Ltd.
The PTAB denied the IPR petition against claims 1-4 of U.S. Patent No. 9,457,541, finding that the combination of prior art references did not render the copper foil obvious. The Board ruled that the petitioner failed to demonstrate a reasonable expectation of success when combining properties from materially different sources.
Dr. Falk Pharma GmbH v.Ellodi Pharmaceuticals LP
Dr. Falk Pharma GmbH successfully secured the institution of Inter Partes Review against Ellodi Pharmaceuticals LP's patent (10632069). The review challenges claims 1-17 based on obviousness over prior art, including Dohil and FDA guidance.
Dr. Falk Pharma GMBH v.Ellodi Pharmaceuticals LP
Dr. Falk Pharma GmbH successfully petitioned to institute IPR against Ellodi Pharmaceuticals LP's patent (11,246,828) over orally disintegrating tablet claims. The Board found a reasonable likelihood of success based on prior art showing obviousness.
Dr. Falk Pharma GmbH v.Ellodi Pharmaceuticals LP
Dr. Falk Pharma GmbH successfully secured the institution of IPR against Ellodi Pharmaceuticals LP regarding patent 9,486,407. The Board found a reasonable likelihood that prior art (Dohil) renders Claim 35 obvious.
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