The Patent Trial and Appeal Board has issued a Final Decision in a trial for Inter Partes Review initiated by Forge IP, invalidating all claims of the challenged patent.
The patent at issue is U.S. Patent No. 8,806,957, which is directed to an ultrasonic flowmeter. Forge IP filed the Petition for Inter Partes Review on behalf of its client Axioma Metering UAB, contending that the patent was invalid in view of multiple prior art references. In April 2020, based on the original Petition filed by Forge IP, the PTAB instituted trial.
After numerous rounds of briefing, testimony and depositions of multiple experts, and an oral hearing, the PTAB issued a Final Decision declaring all claims of the ‘957 patent invalid. Finding all of the claims either anticipated or obvious in view of one of the primary references presented in Axioma’s Petition, the PTAB did not need to reach multiple additional prior art grounds of invalidity that were set forth in Axioma’s Petition.
After appealing the case to the Patent Trial and Appeal Board, Forge IP has obtained a reversal of all rejections that were issued for a patent application entitled “Insulating Garment For Firefighter Bunker Gear” on behalf of Logistik Unicorp Inc.
The application is directed to a specially-designed garment worn by firefighters. The garment is made from a special fabric having first and second fire-resistant fabric layers. The two layers are connected by a monofilament yarn made of particular material having sufficient compressive strength and resilience to maintain an insulating space between the layers, thereby ensuring superior thermal and moisture insulation. The Examiner originally rejected the claims, alleging they were obvious over various prior art references. After an appeal to the Patent Trial and Appeal Board, the Board issued a decision reversing all rejections.
A Notice of Allowance is expected to issue soon.
After appealing the case to the Patent Trial and Appeal Board, Forge IP has issued U.S. Patent No. 10,898,693, directed to the delivery of pharmaceuticals and other fluid agents to the nasal cavities of patients.
Entitled “Nasal Delivery of Agents with Nested Balloon Catheter,” the invention of the ‘693 patent employs a catheter, which is inserted into the nose, that has a special balloon assembly for delivering the therapeutic or diagnostic agent. A first balloon is “nested” inside a second balloon, and a fluid agent is delivered into the space between them. The inner balloon is then inflated via the catheter, such that it urges the therapeutic/diagnostic agent out through openings in the outer balloon and onto the relevant target area of the nasal cavity. This innovative design facilitates an alternative approach to more traumatic, surgical solutions for treating common conditions like sinusitis.
The Examiner originally rejected the claims, alleging that they were obvious over various prior art references. After an appeal to the Patent Trial and Appeal Board, the Board issued a decision reversing the rejections, and the U.S. Patent & Trademark Office subsequently issued the ‘693 patent.
In a recent decision, the Patent Trial and Appeal Board has granted a Petition for Inter Partes Review (IPR) filed by Forge IP, which challenges the validity of the patent addressed in the petition.
The patent at issue is U.S. Patent No. 8,806,957, which is directed to an ultrasonic flowmeter. Forge IP filed the Petition for Inter Partes Review on behalf of its client Axioma Metering UAB, contending that the patent is invalid in view of multiple prior art references.
After considering briefing from both parties, the Patent Trial and Appeal Board issued a decision instituting the IPR, finding that Axioma was likely to show that the claims are invalid on multiple grounds. Accordingly, the Board instituted the IPR on all grounds set forth in Axioma’s petition, and the matter will now proceed to full review.
In another recent district court ruling, Forge IP has obtained a stay of patent litigation in light of a pending Petition for Inter Partes Review (IPR).
Both the litigation and the IPR relate to an infringement allegation relating to U.S. Patent No. 8,806,957, directed to a ultrasonic flowmeter. Axioma, a Lithuanian company, manufactures an innovative smart water meter called the Qalcosonic W1, which was recently adapted for the U.S. market. The patent owner, Kamstrup A/S, filed the lawsuit in an attempt to stop Axioma from selling this product in the United States.
Forge IP quickly filed a Petition for Inter Partes Review before the Patent Trial and Appeal Board on behalf of Axioma, seeking to invalidate Kamstrup’s patent. Forge then filed a motion to stay the litigation in Colorado while this review is pending. Kamstrup opposed the motion, arguing that the lawsuit should continue forward. After full briefing, the District Court issued a Opinion granting Axioma’s motion.
In a recent ruling from the U.S. District Court for the District of Colorado, Forge IP succeeded in opposing a Motion for Preliminary Injunction, thereby paving the way for client Axioma Metering UAB to continue its business activities in the U.S.
The dispute arises from an infringement allegation relating to U.S. Patent No. 8,806,957, directed to a ultrasonic flowmeter. Axioma, a Lithuanian company, manufactures an innovative smart water meter called the Qalcosonic W1, which was recently adapted for the U.S. market. The patent owner, Kamstrup A/S, filed a motion to enjoin Axioma from selling this product in the United States.
Axioma opposed the motion on various grounds, including that Axioma is likely to prove that the patent is invalid. After extensive briefing, the District Court agreed, issuing an Opinion denying Kamstrup’s motion.
It is with great excitement that we present Hunter Andrew McCaffrey, our very first Forge Baby! At 8 pounds, 5 ounces and 20 inches, Hunter was born in the afternoon of November 21, 2019. Both mom and son are doing great, and we are so very proud of both of them!
Congratulations to mom and dad, Catherine and John McCaffrey. We can’t wait to watch this little guy grow up. We know we’re a little biased, but we’re pretty darn sure this kid is going to turn into one heck of a patent attorney. Clearly, he has the necessary focus and determination (I mean, just look at that picture!)
What a way to cap off Forge’s second year!
Taking its case to the Board of Patent Appeals, Forge IP has now secured yet another Japanese patent on behalf of client Carling Technologies, Inc., a well-known innovator and manufacturer of switches, controls, and power distribution systems.
The patent is directed to a novel circuit breaker design incorporating a movable terminal barrier. The innovative design provides a slim profile circuit breaker that facilitates less complex installations, alleviates the requirement for a separate terminal barrier, and saves money on design, manufacturing, and inventory requirements.
After prevailing at Board of Appeals, the Japanese Patent Office has now issued Japanese Patent No. JP6603630.
Dave Aldrich and Todd Oberdick will be attending the 2019 Annual Meeting of the International Trademark Association. We will be in Boston on May 19th and 20th, and we are looking forward to spending some time with friends and colleagues from around the world. If you’d like to meet, please email Dave (firstname.lastname@example.org) or Todd (email@example.com) and let us know!
After an oral hearing at the Patent Trial and Appeal Board, Forge IP has obtained a reversal of all rejections that were issued for a patent application owned by client Sanovas.
The patent relates to a novel tip at the end of a medical catheter. The innovative design utilizes a series of flexing flaps with which an imaging device being used with the catheter can be cleaned. When the end of an imaging device has become soiled with bodily fluids during a medical procedure, it can be withdrawn into the catheter tip and then advanced forward though the flap assembly to wipe the optics clean. The Examiner had originally rejected the claims as obvious over various prior art devices. Sanovas filed an appeal, along with a request for an oral hearing, during which Forge IP presented arguments in support of a reversal. After the hearing, the Patent Trial and Appeal Board issued a decision that overturned all rejections.
A Notice of Allowance is expected to issue soon.