On Rehearing, PTAB Reverses Ruling Declining to Institute IPR

January 14, 2016 – In an January 13, 2016 Rehearing Decision, a three-judge panel of the Patent Trial and Appeal Board (“PTAB”) instituted an inter partes review of U.S. Patent No. 7,327,553 (the “’553 patent”), overturning a prior request for review.  In the Rehearing Decision, the PTAB found that it previously “overlooked petitioner’s argument” that the ’553 patent was obvious and anticipated in view of the prior art.

The challenger AVX Corp. previously requested inter partes review of the ’553 patent, which is owned by Greatbatch Ltd., and requested review of all 20 claims of the ’553 patent.  The board’s rehearing decision instituted a review as to 10 claims.

The ’553 patent is titled “Feedthrough capacitor filter assemblies with laminar flow delaminations for helium leak detection” and is designed for use in active implantable medical devices such as cardiac pacemakers, cardiac sensing systems, neurostimulators, cochlear implants, deep brain stimulators, implantable defibrillators, congestive heart failure devices, hearing implants, drug pumps, ventricular assist devices, insulin pumps, spinal cord stimulators, artificial hearts, incontinence devices, bone growth stimulators, gastric pacemakers, or prosthetic devices.

The case is captioned AVX Corp. v. Greatbatch Ltd. and is docketed as IPR2015-00710 before the PTAB.

By: Ketan V. Patel