John G. New
37 IP cases indexed. Covers patent matters.
Cases Presided Over
37 cases indexed | Page 1 of 2
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).
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 denied institution of a PGR for Neurocrine against Spruce because the patent owner had disclaimed all challenged claims.
Valneva Austria GMBH v.Takeda Vaccines, Inc.
Valneva Austria GMBH successfully convinced the PTAB to institute IPR proceedings against Takeda Vaccines regarding a vaccine patent. The Board found a reasonable likelihood that several claims are unpatentable over combinations of prior art, specifically citing evidence related to fetal protection and antibody transfer.
CSPC Megalith Biopharmaceutical Co., Ltd. et al. v.Shanghai Miracogen Inc. et al.
CSPC Megalith Biopharmaceutical Co., Ltd. successfully argued obviousness over Wei, Liu, and Leanna in an IPR proceeding against Shanghai Miracogen Inc. The Board found a reasonable likelihood of success on multiple claims, leading to the institution of the case for trial.
Zhuhai CosMX Battery Co., Ltd. v.Ningde Amperex Technology Ltd.
Zhuhai CosMX Battery Co., Ltd. successfully petitioned to institute IPR proceedings against Ningde Amperex Technology Ltd.'s patent (11769910). The Board found sufficient evidence that the claims are unpatentable under 35 U.S.C. § 103 over various prior art references, including Zeng and Zhou. This ruling advances a critical battery technology dispute into trial.
Zhuhai CosMX Battery Co., Ltd. v.Ningde Amperex Technology Ltd.
The PTAB granted institution for the petitioner's IPR challenge against U.S. Patent 12,015,118 B2, covering lithium-ion battery electrode structures. The Board found reasonable likelihood of prevailing on both anticipation (Ishigaki) and obviousness grounds over multiple prior art references.
Zhuhai CosMX Battery Co., Ltd. v.Ningde Amperex Technology Ltd.
The PTAB institution decision found that the challenged claims related to lithium-ion battery electrolytes were obvious over various combinations of prior art references. The Petitioner successfully argued that a Person of Ordinary Skill in the Art would be motivated to combine elements from Zeng, Sunose, and Matsuoka to achieve improved performance. This ruling advances the scope of obviousness findings in advanced energy storage technology.
Multi-Color Corporation v.Brook & Whittle Ltd.
Multi-Color Corporation successfully petitioned the PTAB to institute review of claims 1-19 against Brook & Whittle Ltd.'s patent. The Board adopted a specific, technical construction for 'recyclable' based on prosecution history and found sufficient evidence across grounds including anticipation (102), obviousness (103), and indefiniteness (112).
Zhuhai CosMX Battery Co., Ltd. v.Ningde Amperex Technology Ltd.
Zhuhai CosMX Battery Co., Ltd.'s IPR challenge against Ningde Amperex Technology Ltd. was denied by the PTAB. The Board found insufficient evidence to overcome anticipation and obviousness grounds related to lithium-ion battery separator materials.
Dr. Falk Pharma GmbH v.Ellodi Pharmaceuticals LP
Dr. Falk Pharma GmbH successfully challenged a pharmaceutical patent (11260061) in an IPR, showing a reasonable likelihood of prevailing on grounds of obviousness (§ 103). The Board's decision hinged on extensive claim construction, particularly defining 'adsorbed onto a pharmaceutically acceptable carrier.'
Dr. Squatch, LLC v.The Procter & Gamble Company
Dr. Squatch successfully petitioned the PTAB to challenge The Procter & Gamble Company's deodorant patent (11844752). The Board granted institution on all 19 claims, finding sufficient evidence of obviousness over various prior art combinations. This sets up a major trial regarding the validity of P&G’s core cosmetic technology.
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.
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.
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 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.
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.
Dexcom, Inc. v.Abbott Diabetes Care Inc.
Dexcom and Abbott Diabetes Care settled their IPR dispute over U.S. Patent 11,298,056 covering continuous glucose monitoring technology. The parties filed a joint motion to terminate, and the Board granted termination without a final written decision.
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.
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
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 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.
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.
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.
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.
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.
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.
Cala Health, Inc. v.EMKinetics, Inc.
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.
Cala Health, Inc. v.EMKinetics, Inc.
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.
Cala Health, Inc. v.EMKinetics, Inc.
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.
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