Short Summary
VIVITRO LABS INC. successfully achieved institution at the PTAB for its IPR against Patent No. 9237935, challenging claims related to prosthetic heart valve testing systems. The Board found a reasonable likelihood of success over Dynatek regarding certain limitations, despite preliminary rejections on other grounds.
Detailed Summary
VIVITRO LABS INC. initiated an Inter Partes Review (IPR) against Patent No. 9237935 concerning prosthetic heart valve testing systems. The PTAB issued an institution decision, finding that the Petitioner demonstrated a reasonable likelihood of success in establishing unpatentability for at least one challenged claim. Claim construction was performed on key terms such as 'fluid communication' and 'excess volume area.' While the Board preliminarily rejected arguments regarding anticipation over Xi and obviousness over Goldstein/Lu, it found sufficient teaching from Dynatek to meet the burden for institution on certain claims, allowing the case to proceed to trial.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before local courts. Understanding the court's reasoning in VIVITRO LABS INC. vs BIOMEDICAL DEVICE CONSULTANTS & LABORATORIES OF COLORADO, LLC is valuable context for structuring arguments or assessing risk in similar proceedings.
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