April 5, 2018 – Sherman & Howard’s Intellectual Property litigation team achieved another stellar result in a patent infringement case involving client, Repro-Med Systems, Inc. (RMS).  Team lead, Jim Sawtelle, was quoted in the Law360 article, “Federal Circuit Clears PTAB’s Trim of EMED Needle Shield Patent,” regarding RMS’ win in the Federal Circuit earlier this week. The Court upheld the Patent Trial and Appeal Board’s (PTAB) previous decision concluding that the claims of a patent held by the client’s competitor, EMED Technologies Corp., are invalid.

EMED filed a federal lawsuit against Sherman & Howard client RMS in 2015, alleging patent infringement in connection with the production and sale of a medical device.  RMS requested inter partes review of the subject patent by the PTAB, which found all but one of the EMED’s patent claims to be invalid.  This week, the Federal Circuit affirmed the PTAB’s decision.

In response to a request for comment, the Law360 article quotes Mr. Sawtelle as stating, “It was gratifying to receive the Federal Circuit opinion affirming the PTAB’s careful analysis resulting in the invalidation of all but one of the claims found in the EMED patent. Repro-Med Systems remains focused on its mission to improve the quality of life of patients around the world through the design, development and delivery of the highest quality innovative therapeutic solutions, and is pleased to move beyond the distraction of being forced to defend against EMED’s meritless allegations in this action.”

RMS is represented by Sherman & Howard IP litigators: Jim Sawtelle, Peter Koclanes and Chris Jackson.

“Federal Circuit Clears PTAB’s Trim of EMED Needle Shield Patent,” Law360.  April 3, 2018.