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ARTICLE · 10 OCTOBER 2014

Patent Owners: Better Address All Obviousness Arguments Raised By Petitioner

Pharmatech petitioned the Board for an inter partes review (IPR). The challenged patent was directed to methods for monitoring glucose levels in blood.

United StatesIntellectual Property

Pharmatech Solutions, Inc. v. LifeScan Scotland Ltd.

In a final written decision addressing an obviousness challenge, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB, the Board) found the challenged claims unpatentable as obvious, noting that the patent owner failed to respond to petitioner's arguments regarding disclosures in certain prior art references.  Pharmatech Solutions, Inc. v. LifeScan Scotland Ltd., Case IPR2013-00247 (PTAB, Aug. 6, 2014) (Kamholz, APJ).

Pharmatech petitioned the Board for an inter partes review (IPR).  The challenged patent was directed to methods for monitoring glucose levels in blood by measuring the electrical current created when blood is in contact with sensors positioned on a testing strip.  In the ensuing proceeding, Pharmatech argued that the challenged claims were obvious in view of the combined teachings of the references to Nankai and Schulman and of the references to Winarta and Schulman.

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