BLG prevails in inter partes reexamination; patent claims upheld

June 5, 2009 | Intellectual Property News

In a statistically rare event, BLG attorneys have achieved a decision upholding the patentability of the claims of a patent related to a laryngoscope for their client Verathon. After asserting the patent against others in litigation, an inter partes reexamination request was filed to challenge the validity of the patent. During the reexamination process, BLG submitted about 400 new claims for evaluation, securing the patentability of nearly all of them. On June 5, 2009, the USPTO issued a Right of Appeal Notice indicating that the vast majority of the claims submitted in reexamination were allowable. In more than 90 percent of inter partes reexamination cases, there are no claims that remain patentable. The success in this case is unusual among inter partes reexaminations, placing BLG client Verathon in a strong position to enforce its key technology related to video laryngoscopes.