Vedder Thinking | News Intellectual Property Practice Group Achieves Victory in Inter Partes Re-examination
Shareholders Thomas J. Kowalski and Deborah L. Lu, Ph.D., and Smitha Uthaman, Ph.D., Patent Agent, all members of Vedder Price's Intellectual Property practice group, achieved a victory in the Inter Partes re-examination appeal before the U.S. Patent and Trademark Office (USPTO) Board of Patent Appeals and Interferences this week.
Representing the Requester, Mr. Kowalski and Drs. Lu and Uthaman successfully demonstrated through briefing and oral argument to the USPTO Board that the broad claims of a U.S. patent involving a certain type of stem cell were unpatentable, especially in view of the client's previous patents and patent applications.
The case is particularly noteworthy, as it is one of the few cases in which not only was the Requester the Appellant, but that the Requester-Appellant successfully demonstrated that the USPTO was erroneous in granting a patent. In similar cases, the board has typically upheld the determination, and the case has gone on to the Federal Circuit.
For further information, see Inter Partes Re-examination Appeal 2011-010757.