Short Summary
Avation Medical successfully secured the institution of its IPR against EMKinetics, challenging claims 1-13 based on obviousness over combinations of prior art. The Board found that Petitioner adequately supported unpatentability by demonstrating skilled artisans could make the claimed modifications to existing nerve stimulation methods.
Detailed Summary
The Patent Trial and Appeal Board (PTAB) issued an institution decision in favor of Avation Medical, Inc., allowing its Inter Partes Review (IPR) against EMKinetics, Inc. to proceed regarding claims 1-13 of patent 11224742. The Petitioner argued that the claims were obvious over combinations of prior art, including Svihra and Mann. Although Patent Owner sought discretionary denial under § 325(d), the Board found that Avation successfully demonstrated a reasonable likelihood of prevailing on unpatentability by showing that skilled artisans could modify existing methods to target specific nerve branches, which was deemed an obvious design choice.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before local courts. Understanding the court's reasoning in Avation Medical, Inc. vs EMKinetics, Inc. is valuable context for structuring arguments or assessing risk in similar proceedings.
Related Cases
Silicon Motion Inc. et al.vsK. Mizra LLC
Silicon Motion Inc. challenges K. Mizra LLC's '608 Patent in an IPR proceeding regarding DDR DRAM memory controllers and timing calibration. The petitioner asserts that the patent claims are obvious over combinations of prior art references like Johnson, Stubbs, Moss, and Liou.
Nichia CorporationvsBX LED LLC
Nichia and LED maker BX LED have settled their dispute over U.S. Patent 7,973,465 and jointly moved to terminate the pending IPR. The motion cites lack of institution and no merits decided, requesting Board approval of termination.
Silicon Motion Inc. et al.vsK.Mizra Inc.
Silicon Motion and K.Mizra have settled their dispute over U.S. Patent 10,313,379 and jointly moved to terminate the inter partes review. The Board is expected to grant the termination.
Juniper Networks, Inc.vsMonarch Networking Solutions LLC
Monarch Networking’s sur‑reply defends the validity of its MPLS‑pseudowire patent against Juniper’s IPR petition, arguing the prior art does not disclose the claimed shared‑link architecture.
JACS Solutions, Inc.vsGlobal Tel*Link Corporation d/b/a ViaPath Technologies
JACS Solutions and Global Tel*Link jointly moved to terminate IPR2024-00484 after reaching a settlement. The Board authorized the termination, ending the review of patent 9,030,292.
Dealing with a patent challenge?
Whether it's a Section 3(d) rejection, a post-grant opposition, or a FRAND dispute, Arctic's patent litigation team has handled it. Get a strategy call.
Disclaimer: This page contains an automated summary based on publicly available judicial records. The content is generated for informational purposes only and does not constitute legal advice. Always verify details against the original source judgment before relying on this information for any legal purpose. If you believe any information is inaccurate, please contact us.