Executive 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.
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.
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