Tag Archives: Medical Device

Petitioners’ Replies May Respond to Newly Raised Claim Constructions

By Jim Warriner on Posted in Appeals, Claim Construction, Inter Partes Review, IPR
Can a petitioner’s reply in an IPR proceeding present new arguments and evidence responding to a proposed claim construction first raised in the patent owner’s response?  In Axonics, Inc. v. Medtronic, Inc., Nos. 2022-1532, 2022-1533 (Fed. Cir. Aug. 7, 2023), the Federal Circuit answered in the affirmative, vacating the PTAB’s final written decision of no … Continue Reading

House of Cards: Weak Evidentiary Support Dooms IPR of Med Device Patent

By Jeremy R. Kriegel on Posted in Inter Partes Review, Sections 102/103
On February 9, 2016, in C.R. Bard, Inc. v. Medical Components, Inc., IPR2015-01660, the PTAB  refused to institute an IPR against US Patent No. 8,257,325, “Venous Access Port with Molded and/or Radiopaque Indicia.”  The challenged claims were directed to a venous access port assembly with a marking to indicate the port is rated for power … Continue Reading
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