Judge Profile

John G. New

50 IP cases indexed. Covers patent matters.

Cases Presided Over

50 cases indexed | Page 2 of 2

patent instituted

Dr. Falk Pharma GmbH v.Ellodi Pharmaceuticals LP

· IPR2025-00056

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.'

patent denied

Zhuhai CosMX Battery Co., Ltd. v.Ningde Amperex Technology Ltd.

· IPR2025-00385

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.

patent instituted

Zhuhai CosMX Battery Co., Ltd. v.Ningde Amperex Technology Ltd.

· IPR2025-00405

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.

patent instituted

Multi-Color Corporation v.Brook & Whittle Ltd.

· PGR2025-00025

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).

patent denied

Neurocrine Biosciences, Inc. v.Spruce Biosciences, Inc.

· PGR2025-00032

The PTAB denied institution of a PGR for Neurocrine against Spruce because the patent owner had disclaimed all challenged claims.

patent terminated or settled

Cala Health, Inc. v.EMKinetics, Inc.

· IPR2024-00743

Cala Health and EMKinetics settled their dispute over two patents, filing a joint motion that led the PTAB to terminate the IPRs before any trial was instituted.

patent terminated or settled

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 terminated or settled

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

Cala Health, Inc. v.EMKinetics, Inc.

· IPR2024-00732

The PTAB issued an order granting Cala Health and EMKinetics' joint request to keep their settlement agreement confidential under 37 C.F.R. §42.74(c), separating it from the IPR file.

patent

Cala Health, Inc. v.EMKinetics, Inc.

· IPR2024-00743

The PTAB issued an order in IPR2024‑00732 and IPR2024‑00743 requiring Cala Health and EMKinetics to file a true copy of their settlement agreement before the proceedings can be terminated.

patent

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 instituted

CSPC Megalith Biopharmaceutical Co., Ltd. et al. v.Shanghai Miracogen Inc. et al.

· IPR2025-00685

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.

patent terminated or settled

Dexcom, Inc. v.Abbott Diabetes Care Inc.

· IPR2024-00521

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.

patent instituted

Dr. Squatch, LLC v.The Procter & Gamble Company

· IPR2024-01498

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.

patent instituted

Zhuhai CosMX Battery Co., Ltd. v.Ningde Amperex Technology Ltd.

· IPR2025-00431

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.

patent instituted

Zhuhai CosMX Battery Co., Ltd. v.Ningde Amperex Technology Ltd.

· IPR2025-00524

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.

patent instituted

Valneva Austria GMBH v.Takeda Vaccines, Inc.

· IPR2025-00776

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.

patent terminated or settled

Dr. Reddy's Laboratories S.A. et al. v.Eye Therapies, LLC et al.

· IPR2024-00467

Dr. Reddy’s Laboratories and Eye Therapies entered a settlement that led to the joint termination of two inter partes review proceedings covering patents 11,833,245 and 11,596,600. The Board granted the termination and kept the settlement agreement confidential.

patent terminated or settled

Dr. Reddy's Laboratories S.A. et al. v.Eye Therapies, LLC et al.

· IPR2024-00563

Dr. Reddy’s and Eye Therapies settled their IPR dispute, resulting in a joint motion that terminated the proceedings. The Board granted the termination and kept the settlement confidential.

patent terminated or settled

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.

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