Road Mapping Leads to Dead End, PTAB Litigation Blog
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On April 25, 2024, the PTAB denied Masimo Corporation’s (“Petitioner’s”) second petition for inter partes review (“IPR”) against U.S. Patent No. 10,076,257 (the “’257 patent”). Masimo Corp. v. Apple Inc., IPR2024-00071, Paper 7 (Apr. 25, 2024). Applying General Plastic Indus. Co. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 at 15–16 (PTAB Sept. 6, 2017), the PTAB concluded that (1) factors 1, 2, 6, and 7 were neutral or slightly in favor of denial, (2) factors 4 and 5 weighed in favor of denial, and (3) factor 3 weighed strongly in favor of denial. We previously covered General Plastic here.
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