On May 8, 2018, the USPTO’s Patent Trial and Appeal Board (“Board”) issued a decision in an inter partes review regarding a petition filed by Thermigen, LLC and Thermiaesthetics, LLC (“Petitioner”). In the decision, the Board granted the institution of the inter partes review, which involved the patentability of claims 1-42 recited in U.S. Patent No. 8,961,511 (“the ‘511 patent”). The ‘511 Patent is owned by Viveve, Inc. and is drawn to a “corrective or restorative remodeling of the mucosal surfaces of the vagina, introitus, and vulva” for “tightening tissue of the female genitalia by heating targeted connective tissue with radiant energy [typically radiofrequency (RF) energy], while cooling the mucosal epithelial surface over the target tissue to protect it from the heat.” In the decision, the Board granted the institution of the inter partes review because Petitioner demonstrated a reasonable likelihood that at least one claim is anticipated by Edwards and/or in light of Ingle and Mosher. The Board’s final determination as to the patentability of any challenged claim or the construction of any claim term is pending upon consideration of the Patent Owner’s merits response and completion of the Record and is captioned IPR2018-00088.
By: Judy Kim