PTAB Says On Second Thought, It Will Review Sex Toy IP

Law360 (August 12, 2020, 6:54 PM EDT) -- For the second time in two months, the Patent Trial and Appeal Board has issued a rare reversal after declining to institute inter partes review of a Novoluto GmbH female sex toy patent, saying review is now warranted because the board initially overlooked evidence.

In a decision Tuesday granting EIS GmbH's request for rehearing, the board said it had failed to give appropriate weight to its expert testimony that existing technology — including an earlier Chinese patent called Guan — discloses the use of negative and positive pressures, a key element of Novoluto's U.S. Patent No. 9,763,851 B2, which uses pressure...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!