Sunstein scored a victory on behalf of its client Arendi by obtaining a reversal of a PTAB decision that had invalidated Arendi’s patent. The court warned against using so-called common sense as a wholesale substitute for reasoned analysis to show how prior art combined with extraneous knowledge or insight might invalidate a patent claim. The Federal Circuit reversed the PTAB’s finding of unpatentability outright rather than remand the case for further consideration because it found no evidence in the record to suggest that Arendi’s technique was obvious.
We filed a petition for inter partes review against U.S. Patent No. 7,439,616. Earlier, we had filed inter partes reexaminations in rapid response to a district court action for patent infringement. We followed up with several more reexaminations. Worldwide litigation involving these and other patents was settled a couple months after the inter partes review was filed. The inter partes review was terminated upon submission of the settlement agreement.
We obtained a win for our client American Science and Engineering in an interference proceeding against its competitor Rapiscan Systems. Interference proceedings are instituted before the Patent Trials and Appeals Board to establish priority of inventorship, because, for US patent applications filed prior to March 16, 2013, rights are awarded to the first inventor, irrespective of who first filed a patent application. For more recent applications, early filing is of increased importance. AS&E’s invention concerns backscatter x-ray technology.
Wellframe’s patent relates to providing patients who have a treatment regimen use an app on their mobile phones to track and follow the regimen, and the app causes daily updating of care provider systems to show the extent of compliance and dynamic ranking of each patient according to degree of compliance, so that problems of patients in need can be addressed dynamically as well. With this systematic approach to patient care delivery, Wellframe has flourished, while improving patient outcomes, for a large number of different regimens.
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