Avita Medical Limited, a regenerative medicine company focused on the treatment of wounds and skin defects, said it filed an Inter Partes Review (IPR) petition against US Patent No. 9,610,430 (the ‘430 patent) owned by Renovacare Sciences Corp.
Avita holds that all claims in the ‘430 patent are unpatentable and should be cancelled.
Avita said it filed the IPR challenge with the US Patent Trial and Appeal Board (PTAB), which has accepted the petition and will now decide whether the case should come to trial.
The IPR process allows a petitioner to challenge the validity of a patent by looking at prior art consisting of patents and printed publications.
“We believe we have presented a very strong rationale to the PTAB as to why this patent should never have been issued, and thus, we respectfully request that all claims in the ‘430 patent should be cancelled,” said Avita CEO Adam Kelliher.
“Avita is a pioneer in the regenerative medicine arena, and we are very protective of our intellectual property rights.”