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.
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