First published in Law360

On July 29, 2016, the Federal Circuit decided in favor of Finnegan client Respironics, Inc., ruling that the Patent Trial and Appeal Board (PTAB) incorrectly upheld claims of a Zoll Medical Corp.'s patent.

Respironics requested inter partes review of Zoll's wearable medical device patent, alleging that it was anticipated by an earlier patent referred to as Owen. The case called into question the construction of the term "patience compliance data," which the PTAB construed it to mean "data indicating whether a patient has followed instructions for use". Under this interpretation, the PTAB found that one claim was unptatentable but eight others were not, stating that Owen did not disclose such data and therefore could not anticipate Zoll's patent. Respironics appealed the decision that upheld the eight claims, challenging the Board's construction and application of the term to Owen. The Federal Circuit agreed and remanded for further proceeding under the correct construction.