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...

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