RP’s Litigation Team Secures Serial Wins from the PTAB Upholding Patentability

Philadelphia, PA | April 2019 – On April 15, 2019, for the second time, RP Shareholders Benjamin Leace, Christopher Blaszkowski and Andrew Koopman, came out of the Patent Trial and Appeal Board (PTAB) with a final written decision upholding the patentability of all claims in U.S. Patent No. 8,342,742, owned by AMETEK Denmark A/S.  Fluke Corp., a Washington-based tool manufacturer, had challenged the ’742 Patent in an inter partes review.

The PTAB first upheld the patentability of certain claims of the ’742 Patent, directed to a temperature calibrating system, as not being anticipated by the prior art cited by Fluke in its Petition.  While on appeal at the Court of Appeals for the Federal Circuit (CAFC), the Supreme Court decided SAS Institute v. Iancu, which eliminated the PTAB practice allowing partial institution in an IPR. Because the PTAB had instituted the inter partes review on some, but not all of the claims challenged by Fluke—contrary to SAS Institute—the CAFC remanded the case back for further consideration.

Following remand and additional briefing, the PTAB issued a second final written decision which not only reaffirmed the patentability of the ’742 patent over Fluke’s anticipation arguments, but also upheld the patentability of the ’742 Patent over Fluke’s obviousness arguments.

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