The Patent Trial and Appeal Board said it instituted an inter partes review of a pacemaker patent from Greatbatch (NYSE:GB) on Wednesday, siding with challenger AVX corp that its initial decision overlooked a key argument.
AVX was granted a request for a rehearing from the same 3-judge panel that denied it last August.
The panel stated that the 1st decision was erroneous and that in consideration of the request and expert testimony, it overlooked AVX’s argument for why Greatbatch’s patent is obvious and anticipated.
The board’s rehearing determined that 10 of AVX’s multiple claims would be reviewed and were likely invalid. The board was divided on the case, with dissenting judge Elizabeth Roesel saying that “the majority errs by relying upon argument and evidence that are not presented in the petition.”
The patent undergoing AIA review, number 7,327,553, is 1 of 5 being examined in a trial between the companies that began Monday in Delaware.
AVX challenged a separate Greatbatch patent in December, but the board ruled that all AVX’s claims were invalid.