Short Summary
The PTAB denied MIM Software's request to review claims in Progenics' medical image analysis patent. The denial was based on Petitioner's failure to provide a clear, single claim construction for key terms like 'risk map.'
Detailed Summary
In this Institution Decision, the Patent Trial and Appeal Board denied the petition filed by MIM Software Inc. against Progenics Pharmaceuticals, Inc., regarding U.S. Patent No. 11,424,035. The denial was not based on the merits of unpatentability but rather on procedural grounds: Petitioner failed to satisfy 37 C.F.R. § 42.104(b). By proposing multiple alternative constructions for terms such as 'risk map' and 'risk indices,' without explaining how these differing definitions would affect patentability analysis against the prior art (Maier, Huang), the Petition was deemed procedurally deficient.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before local courts. Understanding the court's reasoning in MIM Software Inc. et al. vs Progenics Pharmaceuticals, Inc. et al. is valuable context for structuring arguments or assessing risk in similar proceedings.
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