Patent Trial and Appeal Board (PTAB) Archives

ResMed earns victory in patent spat with NYU

ResMed (NYSE: RMD) + announced that it secured a victory in a patent battle with New York University.

The San Diego-based respiratory device maker said the U.S. Patent Trial and Appeals Board (PTAB) invalidated NYU claims against ResMed. These claims came based on seven NYU patents.

In June 2021, NYU filed a complaint for patent infringement against ResMed in the U.S. District Court of Delaware. The complaint alleged that the AutoSet and AutoRamp features of ResMed’s AirSense 10 AutoSet flow generators infringed one or more claims of seven NYU patents.

The company’s AirSense 10 treats sleep apnea. ResMed says AirSense 10 is the world’s most widely used series of CPAP and APAP machines. AutoSet enables the machines to change airflow pressure levels throughout the night based on the user’s needs.

ResMed filed petitions with the PTAB asserting the invalidity of all claims asserted against t…

Axonics loses IP challenge to Medtronic patents

Medtronic (NYSE:MDT) announced that it picked up three victories in an intellectual property (IP) dispute against Axonics (NSDQ:AXNX) over sacral neuromodulation devices.

According to a news release, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) rejected Axonics’ attempt to invalidate three Medtronic patents in its IP infringement lawsuit related to Medtronic’s InterStim neuromodulation device family. Nearly one year ago, the PTAB handed down a decision to reject one of Axonics’ claims to invalidate a Medtronic patent and has now added three more.

Get the full story at our sister site, MassDevice.

Axonics loses IP challenge to Medtronic patents

Medtronic (NYSE:MDT) announced that it picked up three victories in an intellectual property (IP) dispute against Axonics (NSDQ:AXNX) over sacral neuromodulation devices.

According to a news release, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) rejected Axonics’ attempt to invalidate three Medtronic patents in its IP infringement lawsuit related to Medtronic’s InterStim neuromodulation device family. Nearly one year ago, the PTAB handed down a decision to reject one of Axonics’ claims to invalidate a Medtronic patent and has now added three more.

Axonics develops the r-SNM sacral neuromodulation system, which it touts as the first of its kind approved for sale in the U.S., Europe, Canada and Australia and the only SNM device approved for full-body MRI scans without needing the device explanted.

The company, a direct competitor of Medtronic in the space, has rivaled the medtech giant with multiple regulator…

U.S. Supreme Court kicks Arthrex case back to patent board

The U.S. Supreme Court ruled today that Patent Trial and Appeal Board judges are unconstitutionally appointed, but that greater supervision by the PTAB director would solve the problem.

The opinion in the case followed a 2019 appeals court ruling in the closely watched patent spat between Arthrex and Smith+Nephew (NYSE:SNN). In the original lawsuit, Smith+Nephew and ArthroCare (which Smith+Nephew acquired in 2014) petitioned for inter partes review of a patent secured by Arthrex. Three patent judges concluded that the patent was invalid.

Get the full story on our sister site, Medical Design & Outsourcing.

3 things medical device companies should know about the Patent Trial and Appeal Board

With nearly a decade of proceedings behind it, the Patent Trial and Appeal Board (PTAB) has established a record. Medtech companies can learn from it.

Timothy P. McAnulty and Daniel F. Klodowski, Finnegan

One of the key aspects of a strong patent is the owner’s ability to enforce it. And when a patent is asserted against an accused infringer in court, two core issues always arise: whether the patent is infringed, and whether it is valid. Because there can be no infringement if the patent is not valid, attacking a patent as invalid (or “unpatentable”) is one of the primary defenses for every alleged infringer.

Patent validity can be challenged in several forums, including in court as part of an infringement litigation. It’s also possible to challenge validity through various “post-grant” procedures at the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB). The PTAB was created in 2012 and has become a popular forum, receiving over 10…

3 things medical device companies should know about the Patent Trial and Appeal Board

With nearly a decade of proceedings behind it, the Patent Trial and Appeal Board (PTAB) has established a record. Medtech companies can learn from it.

Timothy P. McAnulty and Daniel F. Klodowski, Finnegan

One of the key aspects of a strong patent is the owner’s ability to enforce it. And when a patent is asserted against an accused infringer in court, two core issues always arise: whether the patent is infringed, and whether it is valid. Because there can be no infringement if the patent is not valid, attacking a patent as invalid (or “unpatentable”) is one of the primary defenses for every alleged infringer.

Patent validity can be challenged in several forums, including in court as part of an infringement litigation. It’s also possible to challenge validity through various “post-grant” procedures at the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB). The PTAB was created in 2012 and has become a popular forum, receiving over 10…