PTAB Reverses Course, Grants Cook Medical’s Bid to Review All Parts of BSI Patent

In a rare turn of events, the PTO’s Patent Trial and Appeal Board admitted to making a mistake in its decision to not include all claims in a Boston Scientific patent in an inter partes review granted to Cook Medical.

The BSI patent No. 8, 709,027, issued in April 2014, covers a process intended to stop bleeding in blood vessels through endoscopes and for deploying compression clips, as used in its Resolution Clip, launched in 2016, and Cook’s Instinct endoscopic hemoclip, launched in 2014.

Evidence introduced by Cook to challenge the BSI patent had initially convinced the board of reasonable likelihood for the first 19 claims to be unpatentable, when a review was instituted in May based on a single ground — the alleged obviousness of two patents granted in 1998.