Ryan H. Flax
67 IP cases indexed. Covers patent matters.
Cases Presided Over
67 cases indexed | Page 1 of 3
Xencor, Inc. v.Merus N.V.
Xencor, Inc. successfully petitioned to institute IPR against Merus N.V.'s patent (11926859) covering heterodimeric antibodies. The Board found reasonable likelihood of unpatentability based on written description and obviousness grounds.
Xencor, Inc. v.Merus N.V.
Xencor, Inc. successfully petitioned the PTAB to institute an IPR against Merus N.V.'s patent (9358286) concerning heterodimeric Ig-like molecules. The Board found sufficient evidence of unpatentability under 35 U.S.C. §§ 102 and 103, advancing the dispute into the substantive review phase.
GD Energy Products, LLC v.Kerr Machine Company
GD Energy Products successfully petitioned the PTAB to institute an IPR against Kerr Machine Company's pump patent, alleging obviousness under 35 U.S.C. § 103. The Board found it more likely than not that at least one claim would be unpatentable over various prior art references related to fluid end assemblies.
Straumann USA, LLC et al. v.Smart Denture Conversions, LLC.
Straumann USA, LLC successfully petitioned against Smart Denture Conversions, LLC's patent, leading to institution of IPR proceedings. The Board found a reasonable likelihood that claims are unpatentable under both anticipation (102) and obviousness (103).
Straumann USA, LLC et al. v.Smart Denture Conversions, LLC.
Straumann USA successfully petitioned for institution in a Post-Grant Review challenging Smart Denture Conversions' dental implant patent (12156781). The Board found likelihood of unpatentability based on indefiniteness and lack of written description/enablement. This sets a precedent regarding the sufficiency of disclosure in complex medical device claims.
MIM Software Inc. et al. v.EXINI Diagnostics AB, Inc. et al.
MIM Software and EXINI Diagnostics settled their inter partes review, leading the PTAB to terminate the proceeding and keep the settlement agreement confidential.
MIM Software Inc. et al. v.EXINI Diagnostics AB, Inc. et al.
MIM Software Inc. successfully petitioned to institute IPR against EXINI Diagnostics AB, Inc.'s patent (11941817) on grounds of anticipation and obviousness. The Board found reasonable likelihood that the claims are unpatentable based on prior art references like Renisch and Zhao.
Valneva Austria GMBH v.Takeda Vaccines, Inc.
Valneva Austria and Takeda Vaccines jointly moved to terminate an IPR covering 67 vaccine‑related claims. The Board granted the motion, dismissing the petition without a merits decision.
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.
Henri Daussi, LLC v.ECNA, LLC et al.
The PTAB denied Henri Daussi, LLC's motion to withdraw its IPR petition against ECNA, LLC's patent 9,398,791, while allowing the parties to file a joint motion to terminate the proceeding after settling.
Henri Daussi, LLC v.ECNA, LLC et al.
The PTAB granted the parties’ joint request to keep their settlement agreement confidential after the IPR was terminated by mutual agreement.
Henri Daussi, LLC v.ECNA, LLC et al.
Henri Daussi, LLC and ECNA, LLC settled their dispute over U.S. Patent 9,398,791 B1 and jointly moved to terminate the inter partes review before the Board instituted the trial. The Board granted the motion, dismissing the petition.
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.
GetTattle, Inc. v.AfterWords, Inc.
GetTattle, Inc. successfully petitioned to institute IPR against AfterWords, Inc.'s patent (10430811) based on anticipation grounds (§ 102). The Board found sufficient support in prior art references Douglas and Ganesh for all challenged claims, leading to the institution of the case.
C.R. Bard, Inc. et al. v.Medline Industries, LP
C.R. Bard's IPR challenge to Medline Industries' patent was terminated after the parties reached a settlement, with the Board granting a joint motion to dismiss before instituting the trial.
C.R. Bard, Inc. et al. v.Medline Industries, LP
C.R. Bard’s IPR challenge to Medline Industries’ patent 11,661,220 was terminated after the parties settled before trial. The Board granted the joint motion to terminate and kept the settlement agreement confidential.
NeoGenomics Laboratories, Inc. v.Natera, Inc.
The PTAB denied NeoGenomics’s petition to institute an IPR against Natera’s 11,530,454 patent covering liquid‑biopsy methods. The Board found the prior art had already been considered and no material error existed. No trial will be held.
Dyson Technology Limited et al. v.Omachron Intellectual Property Inc. et al.
Dyson Technology and Omachron reached a settlement, leading the PTAB to terminate IPR2024-00690 concerning patent 10,117,550 B1. The settlement agreement is kept confidential under 35 U.S.C. § 317(b).
Dyson Technology Limited et al. v.Omachron Intellectual Property Inc. et al.
Dyson Technology Limited successfully petitioned to challenge Omachron Intellectual Property Inc.'s patent claims in a PTAB IPR proceeding, leading the Board to institute the trial on all 28 claims. The institution decision hinged on sufficient evidence of obviousness over prior art references Peter and Neroni.
Green Revolution Cooling, Inc. v.Midas Green Technologies, LLC
Green Revolution Cooling, Inc. successfully secured institution at the PTAB against Midas Green Technologies, LLC regarding claims covering appliance immersion cooling systems. The Board found that the petitioner met the burden of proof for obviousness under 35 U.S.C. § 103 based on prior art references Best-2008 and Osada.
Geneoscopy, Inc. v.Exact Sciences Corporation
The PTAB found all 20 claims of the '11634781 patent unpatentable as obvious under 35 U.S.C. § 103. The Board concluded that combining prior art references, specifically Lenhard, Vilkin, and Itzkowitz, taught or suggested every element of independent claim 1 with a reasonable expectation of success. This decision rejects the Patent Owner's arguments regarding lack of motivation to combine the cited art.
First Quality Enterprises, LLC et al. v.Essity Hygiene and Health AB
The PTAB granted institution for the IPR challenge against Essity Hygiene and Health AB's absorbent article patent (9308138). The Board found a reasonable likelihood of prevailing on multiple claims based on obviousness over prior art, including Nakazawa.
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. 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.
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 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.
Arthrex, Inc. et al. v.Medshape, Inc.
The PTAB denied Arthrex's IPR petition against Medshape's patent (7985222), citing the complex and overlapping nature of co-pending district court litigation.
Dyson Technology Limited et al. v.Omachron Intellectual Property Inc. et al.
Dyson and Omachron settled their IPR dispute before the PTAB could institute a trial, leading to termination of both proceedings and confidential treatment of the settlement agreement.
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.
Dexcom, Inc. v.Abbott Diabetes Care Inc.
Dexcom successfully petitioned to institute an IPR against Abbott Diabetes Care Inc.'s glucose monitoring patent (11298056). The Board found a reasonable likelihood of prevailing on grounds of obviousness (103) for claims 13 and 29.
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