Author: Jonathan R.K. Stroud
Editor: Michael J. McCabe, II
In a PTAB first, an administrative law judge concurred with the majority’s unpatentability conclusions while disagreeing with the majority’s construction of a key term in the patent.
The decision, Smith & Nephew, Inc. v. Convatec Technologies, Inc., held unpatentable thirteen claims directed to methods of enhancing photostability of silver in antimicrobial material useful for wound dressings and medical devices. IPR2013-00102, Paper 87 (P.T.A.B. May 29, 2014). Though agreeing on the ultimate result of unpatentability, the panel disagreed on the construction of the term “substantially photostable.”