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Haag-Streit fails to prove invalidity of Eidolon ‘394 Patent claims

On December 19, 2019, a three member panel of the Patent, Trial and Appeal Board (PTAB) issued a final written decision rejecting all of Haag-Streit AG's arguments that claims of Eidolon's U.S. Patent No. 6,547,394, were unpatentable (IPR 2018-10311). 

US Patent No. 6,547,394, is a method patent claiming “a device used to illuminate a patient’s eye that has been administered with a fluorescent dye for the purpose of examining the eye for epithelial defects”, that “contains […] a blue light emitting diode” . Eidolon previously successfully defended additional challenges to this patent put forth by Haag-Streit. In January of 2019, the PTAB also declined to institute a separate inter partes review filed on behalf of Haag-Streit (IPR2018-01309). Additional information as to either of these cases can be found here

In July of 2019, Eidolon filed a lawsuit in the Southern District of Ohio against Haag-Streit alleging infringement of this patent. This case remains pending.


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