Short Summary
The PTAB initiated a sua sponte Director Review of an IPR involving Sinclair Pharma and others versus Hydrafacial, staying the proceeding after the ITC affirmed the claims’ validity and commercial success.
Detailed Summary
In a Director Review proceeding (IPR2025-00145) the PTAB examined a petition by Sinclair Pharma and affiliated entities to challenge Hydrafacial's patent 11,865,287 B2. The patent owner argued that the Board had waived its right to present discretionary denial arguments under 35 U.S.C. § 314(a) and pointed to an International Trade Commission investigation that found the challenged claims were not invalid and that the products enjoyed commercial success. Relying on the ITC findings and precedent, the Board deemed a sua sponte Director Review appropriate and stayed the IPR pending a future opinion, effectively pausing the inter partes review.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before local courts. Understanding the court's reasoning in Samsung Electronics Co., Ltd. et al. vs Netlist, Inc. is valuable context for structuring arguments or assessing risk in similar proceedings.
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