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McKool Smith secured a complete win for the firm’s client, patent owner Dr. Ford Albritton IV, in an inter partes review trial before the Patent Trial and Appeal Board (PTAB). This marks the second inter partes review win for Dr. Albritton against Acclarent, Inc. concerning the validity of Dr. Albritton’s surgical device patent.

In the PTAB’s July 9, 2018 Final Decision (available here), the Board rejected Acclarent’s arguments that the apparatus and system claims in Dr. Albritton’s patent were invalid over prior art. Acclarent also challenged Dr. Albritton’s method claims in a separate petition for which the PTAB declined institution earlier this year.

The patent-in-dispute is U.S. Patent No. 9,011,412, which covers an apparatus, system and method for manipulating a surgical catheter and working device with a single hand (instead of two).

“We are very pleased with the PTAB’s decision,” said McKool Smith principal Ashley Moore, lead counsel for Dr. Albritton. “We look forward to litigating the remainder of the issues before the district court.”

Along with Ms. Moore, the McKool Smith IPR trial team included firm associates Meredith Elkins, Travis E. DeArman, and Alexandra Easley.

The case is Acclarent Inc. v. Ford Albritton IV, case number IPR2017-00498, at the Patent Trial and Appeal Board.

With more than 185 trial lawyers across offices in Austin, Dallas, Houston, Los Angeles, Marshall, New York, Silicon Valley, and Washington, D.C., McKool Smith has established a reputation as one of America’s leading trial firms. Since 2006, the firm has secured ten nine-figure jury verdicts and twelve eight-figure jury verdicts. The firm has also won more VerdictSearch and The National Law Journal "Top 100 Verdicts" over the last ten years than any other law firm in the country. Courtroom successes like these have earned McKool Smith critical acclaim and helped the firm become what The Wall Street Journal describes as “one of the biggest law firm success stories of the past decade.” McKool Smith represents clients in complex commercial litigation, intellectual property, insurance recovery, bankruptcy, and white collar defense matters.

For more information, please contact Michael R. Coston (212) 402-9450 or mcoston@mckoolsmith.com.

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