On July 16, 2018, the USPTO’s Patent Trial and Appeal Board (“Board”) issued a decision in an inter partes review regarding a petition filed by Synaptive Medical Inc. (“Petitioner”). In the decision, the Board granted the institution of the inter partes review, which involved the patentability of claims 1-19 recited in U.S. Patent No. 9,468,360 (“the ‘360 Patent”). The ‘360 Patent is owned by Karl Storz Endoscopy-America, Inc. and is drawn to a video system used in the field of microsurgery. In the decision, the Board granted the institution of the inter partes review because the Petitioner had demonstrated a reasonable likelihood of prevailing in showing that at least one of the challenged claims is unpatentable under 35 U.S.C. § 103 over various patent and non-patent literature documents. The inter partes review remains pending at the Board and is captioned IPR2018-00462.
By: Jacqueline A. DiRamio