PTAB Institutes Inogen, Inc.’s Petition for Inter Partes Review

On June 20, 2017, Inogen, Inc. filed a petition for Inter Partes Review against Separation Design Group IP Holdings, LLC. The petition asserts that claims 12­–21 of U.S. Patent Number 9,199,055 are unpatentable on obviousness grounds. The ‘055 patent is titled “Ultra Rapid Cycle Portable Oxygen Concentrator” and claims lightweight, portable oxygen concentrators that operate using an ultra-rapid absorption cycle. The PTAB instituted the petition because not every prior art reference cited by the petitioner was also cited by the patentee on an information disclosure statement during prosecution. Thus, the Patent Owner’s arguments that the petitioner is presenting the same arguments twice was denied. The IPR number is 2017-00453.

By: Nicholas Marcello