PTAB Denial of Inter Partes Review under §325(d), PTAB Litigation Blog
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The Patent Trial and Appeal Board (“PTAB” or “Board”) recently denied inter partes review (IPR) of an electrocardiography monitor patent under 35 U.S.C. §325(d), finding that the same or substantially the same prior art or arguments were previously presented to the Board and Petitioner failed to “show error in the consideration of that art or argument.” Vital Connect Inc. v. Bardy Diagnostics Inc. IPR2023-00381, Paper 7 at 2 (July 11, 2023).
Aska Fujimori-Smith, a summer associate in Jones Day’s Silicon Valley Office assisted in the preparation of this blog.
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