PTAB Life Sciences Report - September 2016 #2

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

Medtronic Xomed, Inc. v. Neurovision Medical Products, Inc.

PTAB Petition:  IPR2016-01847; filed September 19, 2016

Patent at Issue:  U.S. Patent No. 8,467,844 ("Electrode for prolonged monitoring of laryngeal electromyography," issued June 18, 2013) claims a device for use in monitoring electrical signals during laryngeal electromyography.

Petitioner Medtronic Xomed, Inc. is challenging the '844 patent on two grounds as being obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, the '844 patent is involved in litigation in the Eastern District of Texas, captioned Neurovision Medical Products, Inc v. Medtronic Public Limited Company et al., 2:16-cv-00127.

HyperBranch Medical Technology, Inc. v. Incept LLC

PTAB Petition:  IPR2016-01836; filed September 16, 2016

Patent at Issue:  U.S. Patent No. 7,009,034 ("Biocompatible crosslinked polymers," issued March 7, 2006) claims a method of preparing a composition suitable to coat a tissue of a patient where nucleophilic functional groups and electrophilic functional groups crosslink to form a hydrogel.

Petitioner HyperBranch Medical Technology is challenging the '034 patent on six grounds as being anticipated under 35 U.S.C. § 102(b) (grounds 1 and 4) or obviousness under 35 U.S.C. § 103(a) (grounds 2, 3, 5, and 6).  View the petition here.

Related Matters:  According to the petition, the '034 patent is involved in litigation in the District of Delaware, captioned Integra LifeSciences Corp., et al., v. HyperBranch Med. Tech., Inc., 15-819-LPS- CJB.

Natus Medical Incorporated v. Nox Medical EHF

PTAB Petition:  IPR2016-01822; filed September 15, 2016

Patent at Issue:  U.S. Patent No. 9,059,532 ("Biometric belt connector," issued June 16, 2015) claims an electrode belt and belt connector for electrically connecting a conductor of the electrode belt to a male portion of a snap connector electrode connected to a biometric device.

Petitioners Natus Medical Inc., Natus Neurology Inc., Embla Systems LLC, and Embla Systems LTD. are challenging the '532 patent on eight grounds as being anticipated under 35 U.S.C. § 102(b) (ground 1) or obviousness under 35 U.S.C. § 103(a) (grounds 2-8).  View the petition here.

Related Matters:  According to the petition, the '532 patent is involved in litigation in the District of Delaware, captioned Nox Medical Ehf. v. Natus Neurology Inc., Civil Action No. 15-709-RGA.

Minerva Surgical, Inc. v. Hologic, Inc.

PTAB Petition:  IPR2016-00680; filed March 4, 2016; institution denied September 12, 2016

Patent at Issue:  U.S. Patent No. 9,095,348 ("Moisture transport system for contact electrocoagulation," issued August 4, 2015) claims a device for ablating the interior linings of body organs such as the uterus.

Petitioner Minerva Surgical Inc. challenged the '348 patent on two grounds as being obviousness under 35 U.S.C. § 103(a).  View the petition here.  The PTAB denied institution of Inter Partes Review stating that Petitioner did not show a reasonable likelihood that it would prevail with respect to at least one of the challenged claims.  View the PTAB Decision here.

Related Matters:  According to the petition, the '348 patent is involved in litigation in the District of Delaware, captioned Hologic, Inc. et al v. Minerva Surgical, Inc., 1:15-cv-01031-SLR.  The petition also indicates that the '348 patent is involved in IPR2016-00685 (Petitioner Minerva; filed on 03/04/2016; Institution denied 09/12/2016).

Minerva Surgical, Inc. v. Hologic, Inc.

PTAB Petition:  IPR2016-00685; filed March 4, 2016; institution denied September 12, 2016

Patent at Issue:  U.S. Patent No. 9,095,348 ("Moisture transport system for contact electrocoagulation," issued August 4, 2015) claims a device for ablating the interior linings of body organs such as the uterus.

Petitioner Minerva Surgical Inc. challenged the '348 patent on one ground as being obviousness under 35 U.S.C. § 103(a).  View the petition here.  The PTAB denied institution of Inter Partes Review stating that Petitioner did not show a reasonable likelihood that it would prevail with respect to at least one of the challenged claims.  View the PTAB Decision here.

Related Matters:  According to the petition, the '348 patent is involved in litigation in the District of Delaware, captioned Hologic, Inc. et al v. Minerva Surgical, Inc., 1:15-cv-01031-SLR.  The petition also indicates that the '348 patent is involved in IPR2016-00680 (Petitioner Minerva; filed on 03/04/2016; Institution denied 09/12/2016).

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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