Subsequent to the USPTO’s recent ruling on Afinia’s Inter Partes Review (IPR) Petitions, Afinia has uncovered new information about the Stratasys prior product manuals that is highly relevant as prior art and was withheld from the USPTO.
Regarding the key US Patent No. 5,866,058 (‘058 Patent), the USPTO determined that the manual for Stratasys’ FDM 1600 product (which pre-dates the ‘058 patent) did not disclose a temperature environment exceeding 70oC.
The decision by the USPTO denying Afinia’s Petition for an IPR stated:
“Even if the local region temperature were the same as the envelope temperature, the temperature of 70oC is the same as the solidification temperature for ABS thermoplastic, not in excess of the solidification temperature as required by claim 1.
The Petition does not show adequately that the claimed local region temperature is inherently disclosed by FDM when the modeling temperature is 270oC and the enclosure temperature is 70oC in the FDM device. See Pet. 15–22; Ex. 1005, F16-23 (MB080).”
However, since the filing of the Petition, Afinia has learned that the FDM 1650 operated up to 75o C.
Afinia contends that Stratasys breached its obligations to the Patent Office and the public, and will pursue further action with the appropriate authorities.
If your company has been accused of infringing the ‘058 patent, please contact John Westrum at Afinia.