Category Archives: Medical Devices

IPR finding of no obviousness reversed as “generic industry skepticism cannot, standing alone, preclude a finding of motivation to combine”

Auris Health, Inc. v. Intuitive Surgical Operations, Inc. Docket No. 2021-1732 (IPR2019-1533) (https://cafc.uscourts.gov/opinions-orders/21-1732.OPINION.4-29-2022_1943629.pdf) DYK, PROST, REYNA (D) April 29, 2022 Brief Summary:   IPR finding of no obviousness reversed and remanded as industry skepticism was too general and not specific … Continue reading

Posted in Inter Parties Review (IPR), IPR, Medical Devices, Obviousness, Obviousness (Secondary Considerations) | Leave a comment

DC grant of SJ reversed and remanded due to improper finding of indefiniteness

Niazi Licensing Corporation v. St. Jude Medical S.C., Inc. Docket No. 2021-1864 (https://cafc.uscourts.gov/opinions-orders/21-1864.OPINION.4-11-2022_1934126.pdf) TARANTO, BRYSON, STOLL April 11, 2022 Brief Summary:   DC findings of indefiniteness reversed, but induced infringement, exclusion of expert witness report and damages findings affirmed. Summary:  … Continue reading

Posted in Claim Construction, Claim Differentiation, Damages, Expert Testimony, Indefiniteness, Inducement to Infringe, Infringement, Medical Devices, Method claims, Prosecution History Estoppel, Royalties, Written description | Leave a comment

Board design patent anticipation decision reversed as prior art is to an art tool while design patent claim is “limited to lip implants”

In Re:  Surigisil, LLP et al. Docket No. 2020-1940 (https://cafc.uscourts.gov/opinions-orders/20-1940.OPINION.10-4-2021_1843781.pdf) MOORE, NEWMAN, O’MALLEY October 4, 2021 Brief Summary:  Board decision finding design patent claim anticipated by art tool prior art reversed (e.g., “the claim is limited to lip implants and … Continue reading

Posted in Design Patents, Medical Devices | Leave a comment