PTAB Designates Two Decisions as Precedential

Written March 31, 2020

The USPTO Patent Trial and Appeal Board on March 24, 2020, designated two decisions as precedential.

The Advanced Bionics, LLC v. MED-EL Elektromedizinische Geräte GmbH decision denies institution of an inter partes review based on 35 U.S.C. § 325(d), explaining that the Board uses a two-part framework for exercising discretion under § 325(d). IPR2019-01469 (PTAB Feb. 13, 2020) (Paper 6) (precedential).

The Oticon Medical AB v. Cochlear Limited decision declines to exercise discretion under 35 U.S.C. § 325(d) after determining that the cited art is not substantially the same as the art considered during prosecution and that the Examiner erred in not considering the art during prosecution. IPR2019-00975 (PTAB Oct. 16, 2019) (Paper 15) (precedential as to sections II.B and II.C).

More information about precedential decisions can be found on the PTAB’s Precedential and informative decisions page of the USPTO website.