On March 10, 2016, the Patent Trial and Appeal Board (PTAB) instituted an inter partes review (IPR) of all claims of U.S. Patent No. 7,420,151 (“the ‘151 patent”), which is directed to short wavelength visible reflectance imaging technology and is assigned to Novadaq Technologies, Inc. (NVDQ). In its Decision on Institution, the PTAB found that the IPR petition filed by WHIPgroup on behalf of its client established a reasonable likelihood that all claims of the ‘151 patent would be proven unpatentable. By statute the PTAB has until March 2017 to render a final decision, and per the scheduling order an oral hearing (if requested) will be conducted in December 2016. Attorneys Wesley W. Whitmyer, Jr., Michael J. Kosma, and Michael A. Lavine are counsel of record in the IPR proceeding.
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