News & Analysis as of

Medtronic Patent Litigation

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - November 2023 #3

In this week’s Case of Week, the Federal Circuit affirmed inter partes review decisions upholding as patentable Teleflex’s challenged patent claims directed to a method for use of a guide extension catheter in arteries. This...more

WilmerHale

Federal Circuit Patent Watch: IPR petitioner must be given opportunity to respond to new claim construction arguments by patent...

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Precedential and Key Federal Circuit Opinions - AXONICS, INC. v. MEDTRONIC, INC. [OPINION] (2022-1532, 2022-1533, 8/7/2023) (Lourie, Dyk, and Taranto) - Dyk, J. The Court vacated and remanded IPR decisions by the PTAB...more

Knobbe Martens

IPR Petitioners Must Be Permitted to Respond to Claim Constructions First Proposed in Patent Owner Response

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AXONICS, INC. v. MEDTRONIC, INC. Before Dyk, Lourie, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: Where a patent owner in an IPR proposes a claim construction for the first time in a patent...more

Knobbe Martens

Federal Circuit Review - June 2023

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Objective Evidence in Determining Obviousness - In Medtronic, Inc. v. Teleflex Innovations, Appeal No. 21-2357, the Federal Circuit held that a close prima facie case of obviousness can be overcome by strong evidence of...more

WilmerHale

Federal Circuit Patent Watch: Not All Obviousness Arguments Are Obvious

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Precedential Federal Circuit Opinions - MEDTRONIC, INC. v. TELEFLEX INNOVATIONS S.A.R.L. [OPINION] (21-2359, 21-2362, 21-2366, Moore, Lourie, and Dyk) - Moore, Chief J. The Court affirmed a PTAB decision (1) finding...more

Knobbe Martens

Objective Evidence in Determining Obviousness

Knobbe Martens on

MEDTRONIC, INC. v. TELEFLEX INNOVATIONS - Before Moore, Lourie, and Dyk.  Appeal from the Patent Trial and Appeal Board. Summary: A close prima facie case of obviousness can be overcome by strong evidence of objective...more

Knobbe Martens

Low-Bar for Corroboration

Knobbe Martens on

MEDTRONIC, INC. v. TELEFLEX INNOVATIONS S.A.R.L. Before Moore, Lourie, and Dyk. Appeal from the Patent Trial and Appeal Board - Summary: Federal Circuit confirms low bar for evidence corroborating prior inventorship...more

Eversheds Sutherland (US) LLP

Tough Medicine, Part 2: Litigation lessons from Medtronic

​​​​​​​The Tax Court issued its second opinion in Medtronic following a remand by the US Court of Appeals for the Eighth Circuit (Medtronic, Inc. v. Comm’r, 900 F.3d 610 (8th Cir. 2018)) of its earlier decision. In that...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Life Sciences Report -- Part II - March 2017

About the PTAB Life Sciences Report: Each month we will report on developments at the PTAB involving life sciences patents....more

McDermott Will & Emery

Reconsideration of Institution Decisions Is Also “Final and Nonappealable”

McDermott Will & Emery on

In an opinion addressing whether a decision by the Patent Trial and Appeal Board (PTAB or Board) to reconsider a decision on institution is “final and nonappealable,” the US Court of Appeals for the Federal Circuit reaffirmed...more

Knobbe Martens

Medtronic v. Robert Bosch – Has the Federal Circuit closed the door on reviewing IPR institution decisions?

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On October 20, 2016, the Federal Circuit issued yet another opinion finding that the Patent Trial and Appeal Board’s decisions related to the institution of an inter partes review (IPR) are not subject to judicial review. ...more

Mintz - Intellectual Property Viewpoints

PTAB Vacating Its Initial Institution Decision is Not Appealable, Federal Circuit Says

The Federal Circuit reaffirmed last week that the Patent Trial and Appeal Board’s (PTAB’s) decision to discontinue inter partes review (IPR) proceedings is not reviewable on appeal. In Medtronic, Inc. v. Robert Bosch...more

K&L Gates LLP

Federal Circuit Confirms Cuozzo Does Not Disturb § 314(d) Bar on Appellate Review of PTAB Reconsideration of IPR Institutions

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The Federal Circuit’s recent decision in Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc., addressed the effect of the Supreme Court’s decision in Cuozzo Speed Techs., LLC v. Lee, 136 S. Ct. 2131 (2016), on the issue...more

McDonnell Boehnen Hulbert & Berghoff LLP

Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc. (Fed. Cir. 2016) - Federal Circuit Denies Petition for Rehearing in...

One of the aspects of inter partes review that differed from other post-grant review proceedings before the Board of Patent Appeals and Interferences (succeeded by the Patent Trial and Appeal Board) is a requirement for...more

Nutter McClennen & Fish LLP

Supreme Court Ruling on at Least Five Patent-Related Cases

To date, the Supreme Court has granted certiorari (commonly referred to as cert) to five patent-related cases this term, which will result in three oral arguments likely to be decided before the end of the term. Two of the...more

McDermott Will & Emery

Proper Claim Construction Requires Context - Atlas IP, LLC v. Medtronic, Inc.

McDermott Will & Emery on

Addressing claim construction issues, the U.S. Court of Appeals for the Federal Circuit affirmed in part, reversed in part and remanded a district court’s summary judgment rulings finding that the district court did not...more

McDermott Will & Emery

Identifying the Real Party in Interest

Samsung Elecs. Co. v. Black Hills Media, LLC; Medtronic, Inc. v. Robert Bosch Healthcare Sys., Inc. - Two recent decisions from the Patent Trial and Appeal Board (PTAB or Board) clarify the test for identifying the...more

Knobbe Martens

PTAB Denies Petition for Inter Partes Review When Ongoing Proceedings Raise Substantially Similar Arguments

Knobbe Martens on

In July 2013, Cardiocom filed a petition for IPR of a patent. Petitioner Medtronic then acquired Cardiocom. In January 2014, the Board decided to move forward on eight claims and declared trial on two obviousness grounds,...more

Knobbe Martens

PTAB Denies Petition for Inter Partes Review Remedying "Noted Deficiency" in Previously Denied Petition

Knobbe Martens on

Petitioner Metronic had previously filed two other petitions for IPR of a patent. The Board instituted trial on one of the petitions and denied the other. Medtronic then filed a third petition for IPR of the patent that...more

Eversheds Sutherland (US) LLP

Legal Alert: UPDATE: The Hare Loses Steam – Patent Litigation Reform Law Unlikely This Year

Efforts by the U.S. Senate to pass an alternative to the Innovation Act, which aims to reform abusive patent litigation, have stalled. Sen. Patrick Leahy, who is leading the effort, has announced that his committee is tabling...more

Knobbe Martens

Edwards and Medtronic to Settle All Patent Litigation; Medtronic to Make over $1 Billion in Payments

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According to a press release, Edwards Lifesciences and Medtronic have agreed to settle all outstanding patent litigation between the companies, including cases related to transcatheter heart valves. The press release noted...more

Carlton Fields

Supreme Court Helps Level The Playing Field For Patent Infringement Defendants

Carlton Fields on

When facing a patent litigation threat, potential defendants have the option to seek a declaration that they are not infringing. Until recently, however, that strategy carried a hidden risk: the burden of proof on the...more

Moore & Van Allen PLLC

The ‘‘Burden’’ of Patent Infringement: Supreme Court Holds That Burden of Proof Remains With Patentee Even in Declaratory Judgment...

Moore & Van Allen PLLC on

The Supreme Court of the United States has made it clear that the traditional canons of litigation — including those involving jurisdiction and which party bears the burden of proof — hold true in patent cases, even those...more

McDermott Will & Emery

Failure to Clearly List Intermediate Applications Breaks Chain of Priority - Medtronic CoreValve, LLC v. Edwards Lifesciences...

McDermott Will & Emery on

Addressing the issue of whether a failure to specifically reference each earlier filed patent applications will result in a loss of claim of priority to the omitted application, the U.S. Court of Appeals for the Federal...more

Moore & Van Allen PLLC

The Burden is on You: A Defendant Patent Holder Still Bears the Burden of Proving Infringement in a Declaratory Judgment Action...

Moore & Van Allen PLLC on

For nearly 150 years, it has been established that a patent holder (“patentee”) ordinarily bears the burden of proving infringement. The U.S. Supreme Court’s recent decision in Medtronic v. Mirowski Family Ventures, LLC, 571...more

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