August 9, 2018 – Patent Trial and Appeal Board Administrative Patent Judge Jason W. Melvin issued a decision on August 7, denying a request by Mölnlycke Health Care AB to institute post-grant review of Smith & Nephew, Inc.’s U.S. Patent No. 9,642,750, entitled “Apparatuses and Methods for Negative Pressure Wound Therapy” in PGR2018-00035. APJ Melvin, along with panel members Linda E. Horner and James J. Mayberry, declined to institute the PGR because Mölnlycke Health Care’s petition failed to establish that post-grant review was available for the patent, finding that the challenged patent was able to claim an effective filing date prior to March 16, 2013. The patents at issue are directed to apparatuses and methods for negative-pressure wound therapy, used for treatment of open or chronic wounds that fail to heal themselves because they are too large.
By: Frederick C. Millett