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ARTICLE · 16 OCTOBER 2014

IPR, EPO Opposition And UK Litigation

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Finnegan, Henderson, Farabow, Garrett & Dunner LLP

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We report here on what appears to be one of the first IPR cases to have corresponding validity challenges in other jurisdictions.

European UnionIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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We report here on what appears to be one of the first IPR cases to have corresponding validity challenges in other jurisdictions, namely Europe at the European Patent Office (EPO) and in the UK courts. The decisions, despite being the same patent family, differ remarkably.

US

The US decision in question has previously been discussed here http://www.aiablog.com/post-grant-proceedings/ptab-judge-issues-first-dissent-on-claim-construction/. Smith & Nephew Inc. filed an IPR against Convatec Technologies Inc. in December 2012. The patent in question, US 7,267,828, relates to a method of preparing a light stabilized antimicrobial material for use in wound dressings and medical devices. PTAB's written decision (IPR2013-00102) entered on 29 May 2014, held that all 32 challenged claims of Convatec's US patent were unpatentable either for anticipation or obviousness. It further rejected Convatec's attempt to amend the claims.

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