Repro-Med Systems (OTC:REPR) emerged victorious as the US Court of Appeals for the Federal Circuit denied an appeal from competitor EMed Technologies in a patent spat over protective needle-stick related technology.
In the original case, Repro-Med claimed that a patent EMed owned related to “protection to eliminate needle stick injuries when using needles associated with subcutaneous fluid administration as well as access to implanted ports” was unpatentable, according to court documents.
In a final decision, the PTAB determined that nine out of ten challenged claims on the patent were unpatentable, which EMed appealed.
In the appeal, EMed argued that the Patent Board ruled inappropriately, and erred in assessing the details of the patents on multiple fronts.
Repro-Med responded saying it didn’t see an error in the board’s appeal, and argued in favor of the decisions across the board.
The US Court of Appeals for the Federal Circuit agreed with Repro-Med and rejected the proposal that the appeal board made a judgement in error, upholding multiple claims of unpatentability.
The Court concluded by affirming all decisions made earlier by the Patent Trial and Appeal Board, according to court documents.
In March 2016, EMed technologies said it was seeking a federal court injunction against Repro-Med to keep the company from selling home infusion pumps and needles for subcutaneous immunoglobulin infusion.
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