Federal Circuit affirms PTAB invalidation of Dako Denmark patent claims

The US Court of Appeals for the Federal Circuit has affirmed rulings in a patent dispute which saw Leica Biosystems Melbourne Party succeed in two inter partes re-examinations against patents belonging to Dako Denmark.

Decided on Friday, December 2, the Federal Circuit’s ruling confirmed rejections by the US Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) of claims in US patent numbers 7,217,392 and 7,553,672.

Dako is a Denmark-based medical device company, while Leica, which also makes medical devices, is based in Australia.

The ‘392 and ‘672 patents cover a “Random access slide stainer with independent slide heating regulation”.

Dako is the owner of both patents involved. The case arose in May 2011 after Leica filed a request for  inter partes re-examination (the precursor to inter partes review) of the ‘392 patent, which was granted.

After review of the patent, the examiner rejected all the issued claims of the ‘392 patent.

In June 2011, Leica further requested IPR of the ‘672 patent, in which the examiner rejected four of the issued claims.

Dako only appealed against the rejection of claim 7 of the ‘392 patent, and claim 2 of the ‘672 patent.

In an appeal with the PTAB, the board affirmed the rejections, concluding that the claim of the ‘392 patent was obvious and the ‘672 patent was anticipated.

Following this, Dako appealed against the PTAB’s decisions, which were affirmed by the Federal Circuit.