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PTAB Won’t Cancel Apple Challenge to Physiological Device Patent

Feb. 7, 2020, 9:04 PM

The Patent Trial and Appeal Board won’t undo its decision to greenlight Apple Inc.'s challenge to a wearable physiological device patent, despite the owner’s argument that a relevant district court case will settle whether the patent claims are valid.

The tribunal shot down Omni Medsci Inc.'s attempt to get it to reverse its decision to review U.S. Patent No. 9,651,533, saying the company didn’t demonstrate the decision was an “abuse of our discretion.”

The Thursday decision demonstrates how a panel evaluates whether it abused its discretion in granting a challenge to a patent.

The PTAB may abuse its discretion ...