By John Cravero and Richard Martin —

About the PTAB Life Sciences Report:  Each month we will report on developments at the PTAB involving life sciences patents.

Smith & Nephew, Inc. v. ConforMIS, Inc.

PTAB Petition:  IPR2017-00487; filed December 14, 2016.

Patent at Issue:  U.S. Patent No. 9,295,482 ("Patient selectable joint arthroplasty devices and surgical tools," issued March 29, 2016) claims joint arthroplasty system for repairing a diseased or damaged joint of a patient.

Petitioner Smith & Nephew, Inc. is challenging the '482 patent on six grounds as being obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, the '482 patent is the subject of a litigation captioned ConforMIS, Inc. v. Smith & Nephew, Inc., No. 1:16-cv-10420-IT (D. Mass.).  Also, Petitioner is filing a petition concurrently for Inter Partes Review of the '482 patent (IPR2017-00488).

Smith & Nephew, Inc. v. ConforMIS, Inc.

PTAB Petition:  IPR2017-00488; filed December 14, 2016.

Patent at Issue:  U.S. Patent No. 9,295,482 ("Patient selectable joint arthroplasty devices and surgical tools," issued March 29, 2016) claims joint arthroplasty system for repairing a diseased or damaged joint of a patient.

Petitioner Smith & Nephew, Inc. is challenging the '482 patent on six grounds as being obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, the '482 patent is the subject of a litigation captioned ConforMIS, Inc. v. Smith & Nephew, Inc., No. 1:16-cv-10420-IT (D. Mass.).  Also, Petitioner is filing a petition concurrently for Inter Partes Review of the '482 patent (IPR2017-00487).

Acclarent, Inc. v. Ford D Albritton IV

PTAB Petition:  IPR2017-00498; filed December 15, 2016.

Patent at Issue:  U.S. Patent No. 9,011,412 ("Apparatus, system and method for manipulating a surgical catheter and working device with a single hand," issued April 21, 2015) claims a system, methods of use, and an apparatus of a guide catheter insertable through an external body passage of a subject.

Petitioners Acclarent, Inc. and Johnson & Johnson are challenging the '412 patent on five grounds as being anticipated under 35 U.S.C. § 102(b) (grounds 1, 3, and 4) or obvious under 35 U.S.C. § 103(a) (grounds 2 and 5).  View the petition here.

Related Matters:  According to the petition, the '498 patent is the subject of litigation captioned Dr. Ford Albritton IV v. Acclarent, Inc., No. 3:16-cv-03340-D (N.D. Texas).  Also, the '498 patent was the subject of a breach of contract and declaratory judgement case filed by Petitioner captioned Acclarent Inc. v. Ford Albritton IV, No. 5:16-cv-06919 (N.D. Cal.), which was dismissed without prejudice.

Fisher & Paykel Healthcare Ltd. v. ResMed Ltd.

PTAB Petition:  IPR2017-00501; filed December 16, 2016.

Patent at Issue:  U.S. Patent No. 9,027,556 ("Mask system," issued May 12, 2015) claims a mask system for delivery of a supply of gas at positive pressure to a patient for medical treatment.

Petitioner Fisher & Paykel Healthcare Ltd. is challenging the '556 patent on twelve grounds as being obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, the '556 patent is the subject of litigation captioned Fisher & Paykel Healthcare Ltd. v. ResMed Corp., No. 3:16-cv-02068-DMS-WVG (S.D. Cal.).  Also, Petitioner is filing a petition concurrently for Inter Partes Review of the '556 patent (IPR2017-00504).

Insys Development Co., Inc. v. GW Pharma Ltd.

PTAB Petition:  IPR2017-00503; filed December 16, 2016.

Patent at Issue:  U.S. Patent No. 9,066,920 ("Use of one or a combination of phyto-cannabinoids in the treatment of epilepsy," issued June 30, 2015) claims a method of treating partial seizure comprising administering cannabidiol (CBD), to a patient wherein the CBD is present in a specified amount or with tetrahydrocannabinol.

Petitioner Insys Development Company, Inc. is challenging the '920 patent on three grounds as being obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, there are no related maters.

Fisher & Paykel Healthcare Ltd. v. ResMed Ltd.

PTAB Petition:  IPR2017-00504; filed December 16, 2016.

Patent at Issue:  U.S. Patent No. 9,027,556 ("Mask system," issued May 12, 2015) claims a mask system for delivery of a supply of gas at positive pressure to a patient for medical treatment.

Petitioner Fisher & Paykel Healthcare LTD. is challenging the '556 patent on ten grounds as being obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, the '556 patent is the subject of litigation captioned Fisher & Paykel Healthcare Ltd. v. ResMed Corp., No. 3:16-cv-02068-DMS-WVG (S.D. Cal.).  Also, Petitioner is filing a petition concurrently for Inter Partes Review of the '556 patent (IPR2017-00501).

Merck Sharp & Dohme Corp. v. Mayne Pharma International Pty Ltd.

PTAB Petition:  IPR2016-01186; filed June 11, 2016.

PTAB Trial Instituted Document filed December 19, 2016.

Patent at Issue:  U.S. Patent No. 6,881,745 ("Pharmaceutical compositions for poorly soluble drugs," issued April 19, 2005) claims a pharmaceutical composition consisting of an antifungal drug.

Petitioner Merck Sharp & Dohme Corp. challenged the '745 patent on eleven grounds as being anticipated under 35 U.S.C. § 102(b) (grounds 1-9) or obvious under 35 U.S.C. § 103(a) (grounds 10 and 11).  View the petition here.  Administrative Patent Judges Toni R. Scheiner (author), Erica A. Franklin, and Jacqueline T. Harlow issued a decision instituting inter partes review of whether claims 1–3, 5–7, 9, 11, 12, and 14 are anticipated under 35 U.S.C. § 102 by Kai; claims 1, 3, 5, and 7 are anticipated under 35 U.S.C. § 102 by Thorpe; and claims 1–3, 5–7, and 9-14 are obvious under 35 U.S.C. § 103 over Kai, Sangekar, and Babcock.

Related Matters:  According to the petition, the '745 patent is involved in a litigation captioned Mayne Pharma International Pty Ltd. v. Merck & Co., Inc., Case No. 15-cv-00438 (D. Del.).