Robert A. Pollock
18 IP cases indexed. Covers patent matters.
Cases Presided Over
18 cases indexed | Page 1 of 1
National Beef Packing Company, LLC v.Institute for Environmental Health, Inc.
The PTAB instituted the IPR after finding a reasonable likelihood of success that the challenged claims are unpatentable based on obviousness (35 U.S.C. § 103). The Board analyzed key claim terms, preliminarily construing 'validated' as a negative test result rather than release into commerce.
National Beef Packing Company, LLC v.Institute for Environmental Health, Inc.
National Beef Packing Company successfully initiated an IPR against Institute for Environmental Health, Inc.'s microbial testing patent (8822143). The Board adopted a narrow definition of 'validated' as merely determining a sample tests negative using the detection assay.
National Beef Packing Company, LLC v.Institute for Environmental Health, Inc.
National Beef Packing Company successfully petitioned to institute IPR against the '771 patent, establishing a reasonable likelihood of success over at least one claim. The Board adopted Petitioner's definition for 'validation,' clarifying that it merely requires a sample test negative, rejecting the Patent Owner's broader interpretation regarding commercial release.
Dr. Reddy's Laboratories S.A. et al. v.Eye Therapies, LLC et al.
Dr. Reddy's Laboratories successfully secured institution status for an IPR against Eye Therapies, LLC regarding ophthalmic formulations. The Board found a reasonable likelihood of prevailing on obviousness (35 U.S.C. § 103) based on the combination of prior art references.
Dr. Reddy's Laboratories S.A. et al. v.Eye Therapies, LLC et al.
The PTAB instituted the IPR petition challenging key claims of a patent related to vasoconstriction agents for eye redness. The Board found that Petitioner demonstrated a reasonable likelihood of prevailing, despite arguments from the Patent Owner regarding prior art limitations and adverse events.
Sarepta Therapeutics, Inc et al. v.The Trustees of the University of Pennsylvania et al.
Sarepta Therapeutics, Inc. successfully challenged several claims of The Trustees of the University of Pennsylvania in an IPR proceeding regarding gene therapy/AAV technology. The Board found a reasonable likelihood of prevailing on multiple grounds of obviousness (35 U.S.C. § 103) using combinations of prior art references.
Merck Sharp & Dohme LLC et al. v.The Johns Hopkins University
Merck Sharp & Dohme LLC successfully challenged The Johns Hopkins University's patent (11634491) in a PTAB Institution Decision. The Board found reasonable likelihood of success for multiple claims under both anticipation (§ 102) and obviousness (§ 103).
BTL Industries, Inc. v.InMode Ltd.
BTL Industries successfully navigated the institution phase of an IPR against InMode Ltd.'s medical device patent (8961511). The Board adopted a specialized skill level for the POSA and preliminarily constructed key terms related to RF energy application in gynecological tissue.
Encube Ethicals Pvt. Ltd. v.Dermavant Sciences GmbH et al.
Encube Ethicals successfully challenged Dermavant Sciences' patent claims in the PTAB, leading to institution of the case. The Board found sufficient grounds for anticipation (102) and obviousness (103), specifically regarding psoriasis treatment methods. This decision significantly strengthens Encube's position by validating their prior art arguments against the '088 patent.
Biofrontera AG et al. v.Sun Pharmaceutical Industries, Inc.
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).
Illumina, Inc. v.Molecular Loop Biosciences, Inc.
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.
Illumina, Inc. v.Molecular Loop Biosciences, Inc.
Illumina successfully secured the institution of Inter Partes Review against Molecular Loop Biosciences' patent, challenging claims 1-6 based on anticipation by Gloor and obviousness over multiple prior art references.
National Beef Packing Company, LLC v.Institute for Environmental Health, Inc.
National Beef Packing Company successfully challenged claims 1-30 of the '486 patent in a PTAB Institution Decision, establishing a reasonable likelihood that the methods for pathogen detection are unpatentable. The petitioner relied on prior art references including Rayman and Nagar to demonstrate anticipation and obviousness across multiple grounds.
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.
Biofrontera Incorporated et al. v.Sun Pharmaceutical Industries, Inc.
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.
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