March 23, 2018

Workman Nydegger Litigation Team Prevails Representing Nox Medical Before the PTAB

By: Reggie Pack

On March 21, 2018, a litigation team from Workman Nydegger consisting of attorneys Chad Nydegger, David Todd, Brittany Frandsen, and supporting staff Jennifer Hunter and Patrice Warner prevailed in a Final Written Decision in IPR2016-01822.  Representing the patent owner Nox Medical, Workman Nydegger’s team defeated the inter partes review challenging the validity of claims 1-9 and 13 of U.S. Patent No. 9,059,532 before the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office. Adopting Workman Nydegger’s arguments, the PTAB upheld the validity of all challenged claims. IPR proceedings are a historically difficult forum for patent owners, with approximately 70% of final written decisions issued in IPR proceedings being adverse to the patent owner. This is one of the few instances where the PTAB sided with the patent owner on all counts. We are proud of our litigation team and the hard work they put in to beat the odds and uphold the validity of Nox Medical’s patent.

Read the Final Written Decision here: PLD0068_DKT58_Final Written Decision