Nuvasive, Inc. v. Alphatec Holdings, Inc. (Preliminary Injunction)

Defendant: Alphatec Holdings, Inc.

Court: S.D. Cal.

Date: Jul 12, 2018

Docket: 3-18-cv-00347

Judge: Judge Cathy Ann Bencivengo

The court denied Nuvasive’s request for a preliminary injunction against Alphatec’s Battalion Lateral System for infringement of U.S. Patent Nos. 7,819,801; 8,335,780; 8,439,832; 9,833,227; 8,735,270; and 8,361,156.

Petition for Inter Partes Review by Acclarent, Inc. et al. of Ford D. Albritton, IV’s U.S. Patent No. 9,011,412 (Final Written Decision)

Defendant: Ford D. Albritton, IV

Court: Patent Trial and Appeal Board

Date: Jul 11, 2018

Docket: IPR2017-00498

Judge: Administrative Patent Judge Richard H. Marschall

December 15, 2016 — Petitions for Inter Partes Review filed

July 10, 2017 — Petition for Inter Partes Review instituted

July 9, 2018 — Final Written Decision finding claims 1–7 and 14–20 not unpatentable

Petition for Inter Partes Review by Edge Endo, LLC et al. of Maillefer Instruments Holding Sarl’s U.S. Patent No. 9,801,696

Defendant: Maillefer Instruments Holding Sarl

Court: Patent Trial and Appeal Board

Date: Jul 05, 2018

Docket: IPR2018-01349

July 3, 2018 — Petition for Inter Partes Review filed

Puget Bio Ventures, LLC v. Biomet Orthopedics LLC et al. (Judgment on the Pleadings)

Defendant: Biomet Orthopedics LLC et al.

Court: N.D. Ind.

Date: Jul 05, 2018

Docket: 3:10-cv-465

Judge: Judge Jon E. Deguilio

The court granted in-part Biomet’s Motion for Judgment on the Pleadings.  In view of re-examination at the patent office, the court dismissed without prejduice allegations relating to claims 1, 2, 5-13, 21-30, 32, 41-44, 46, and 48 of U.S. Patent No. 7,344,541 (“Methods and apparatus for femoral and tibial resection”).  The court dismissed with prejudice allegations relating to claims 45 and 47 of the ‘541 patent as directed to ineligible subject matter.  The court also dismissed allegations of direct infringement of claims 31 and 33.

The court summarized the issues remaining in the case: “this case is now limited in scope to Puget’s allegations that Biomet willfully induced and contributed to the infringement of claims 31 and 33 of the ‘541 patent.”

Petition for Inter Partes Review by OrthoPediatrics Corp. et al. of K2M, Inc.’s U.S. Patent No. 9,532,816 (Inter Partes Review Instituted)

Defendant: K2M, Inc.

Court: Patent Trial and Appeal Board

Date: Jul 03, 2018

Docket: IPR2018-00521

Judge: Administrative Patent Judge Lynne H. Browne

January 22, 2018  — Petition for Inter Partes Review filed

June 28, 2018 — Inter Partes Review Instituted

Petition for Inter Partes Review by Edwards Lifesciences Corporation of Boston Scientific Scimed, Inc.’s U.S. Patent No. 6,915,560 (Final Written Decision)

Defendant: Boston Scientific Scimed, Inc.

Court: Patent Trial and Appeal Board

Date: Jul 02, 2018

Docket: IPR2017-00444

Judge: Administrative Patent Judge James A. Tartal

December 7, 2016 — Petition for Inter Partes Review filed

June 29, 2017 – Petition granted in part and denied in part; Inter Partes Review Instituted

June 28, 2018 — Final Written Decisions finding claims 10, 11, 14, 15, 17–19, 23, 25–28,
31, 33–35, 37, 39, and 40 unpatentable

Zimmer Surgical, Inc. et al. v. Stryker Corp. et al. (Claim Construction)

Defendant: Stryker Corp. et al.

Court: D. Del.

Date: Jun 28, 2018

Docket: 1-16-cv-00679

Judge: Judge Richard G. Andrews

The court construed claim terms from U.S. Patent Nos. 9,579,428 (“Surgical waste collection assembly with a manifold receiver and a manifold with complementary features that facilitate the alignment of the manifold with the manifold receiver”) and RE44930 (“High volume liquid waste collection and disposal system”).

CR Bard Inc. et al v. AngioDynamics Inc. (Summary Judgment)

Defendant: AngioDynamics Inc.

Court: D. Del.

Date: Jun 28, 2018

Docket: 1-15-cv-00218

Judge: Judge Joseph F. Bataillon

The court issued an omnibus order addressing several pending motions for summary judgment and motions in limine.  The rulings on the summary judgment motions are noted below.

  1. The court denied AngioDynamics motion for summary judgment of non-infringement of U.S. Pat. No. 8,805,478;
  2. The court denied CR Bard’s motion for summary judgment of infringement of U.S. Pat. No. 8,475,417;
  3. The court denied CR Bard’s motion for summary judgment that the asserted claims are enabled and not-anticipated;
  4. The court denied CR Bard’s motion for summary judgment that the asserted claims recite patent eligible subject matter under 35 U.S.C. §101;
  5. The court denied AngioDynamics motion for summary judgment of invalidity;

Petition for Inter Partes Review by Siemens Healthcare Diagnostics, Inc. of Radiometer Medical APS’s U.S. Patent No. 8,728,288 (Inter Partes Review Denied)

Defendant: Radiometer Medical APS

Court: Patent Trial and Appeal Board

Date: Jun 27, 2018

Docket: IPR2018-00311

Judge: Administrative Patent Judge Julia Heaney

December 20, 2017 — Petition for Inter Partes Review filed

June 25, 2018 — Petition for Inter Partes Review Denied

Petitions for Inter Partes Review by Haag-Streit AG et al. of Eidolon Optical, LLC’s U.S. Patent No.

Defendant: Eidolon Optical, LLC

Court: Patent Trial and Appeal Board

Date: Jun 26, 2018

Docket: IPR2018-01309; IPR2018-01311

June 25, 2018 — Petitions for Inter Partes Review filed

Ethicon Endo-Surgery, Inc. et al v. Covidien LP et al (claim construction)

Defendant: Covidien LP et al

Court: D. Mass.

Date: Jun 26, 2018

Docket: 1-16-cv-12556

Judge: Judge Leo T. Sorokin

The court construed claim terms in U.S. Patent nos. 8,241,284 (“Vessel sealer and divider with non-conductive stop members”), 8,232,310 (“Vessel sealing jaw with offset sealing surface”), and 9,241,759 (“Vessel sealer and divider for use with small trocars and cannulas”).

Petition for Inter Partes Review by Smith & Nephew, Inc. of ConforMIS, Inc.’s U.S. Patent No. 8,551,169 (Final Written Decision)

Defendant: ConforMIS, Inc.

Court: Patent Trial and Appeal Board

Date: Jun 18, 2018

Docket: IPR2017-00373

Judge: Administrative Patent Judge James A. Worth

November 30, 2016 — Petition for Inter Partes Review filed

June 13, 2017 – Inter Partes Review Instituted

June 12, 2018 — Final Written Decisions finding claims 29 and 20 unpatentable

Petitions for Inter Partes Review by Smith & Nephew, Inc. of ConforMIS, Inc.’s U.S. Patent No. 7,981,158 (Final Written Decisions)

Defendant: ConforMIS, Inc.

Court: Patent Trial and Appeal Board

Date: Jun 14, 2018

Docket: IPR2017-00510; IPR2017-00511

Judge: Administrative Patent Judge Amanda F. Wieker

December 20, 2016 — Petitions for Inter Partes Review filed

June 14, 2017 — Inter Partes Review Instituted (IPR2017-00510); Petition granted in part and denied in part, Inter Partes Review Instituted (IPR2017-00511)

June 11, 2018 — Final Written Decisions finding claims 1–65 (IPR2017-00510) and 66–72 and 81 (IPR2017-00511) unpatentable

Petition for Inter Partes Review by DePuy Synthes Products, Inc. of MedIdea, LLC’s U.S. Patent No. 6,558,426 (Inter Partes Review Instituted)

Defendant: MedIdea, LLC

Court: Patent Trial and Appeal Board

Date: Jun 06, 2018

Docket: IPR2018-00315

Judge: Administrative Patent Judge Michael L. Woods

December 15, 2017 — Petition for Inter Partes Review filed

June 1, 2018 — Inter Partes Review Instituted

Atlas IP, LLC v. St. Jude Medical, Inc. (Motion to Dismiss)

Defendant: St. Jude Medical, Inc.

Court: S.D. Fl.

Date: Jun 05, 2018

Docket: 14-21006-CIV-ALTONAGA

Judge: Judge Cecilia Altonaga

The court granted St. Jude’s motion to dismiss.

Petition for Inter Partes Review by Acclarent, Inc. of Ford D. Albritton, IV’s U.S. Patent No. 9,011,412 (Inter Partes Review Denied)

Defendant: Ford D. Albritton, IV

Court: Patent Trial and Appeal Board

Date: Jun 04, 2018

Docket: IPR2018-00268

Judge: Administrative Patent Judge Richard H. Marschall

December 1, 2017 — Petitions for Inter Partes Review filed

May 31, 2018 — Petition for Inter Partes Review Denied

Petition for Inter Partes Review by West Pharmaceutical Services, Inc. of Sanofi-Aventis Deutschland GmbH’s U.S. Patent No. 9,352,099

Defendant: Sanofi-Aventis Deutschland GmbH

Court: Patent Trial and Appeal Board

Date: Jun 04, 2018

Docket: IPR2018-01162

June 1, 2018 — Petition for Inter Partes Review filed

Petition for Inter Partes Review by West Pharmaceutical Services, Inc. of Sanofi-Aventis Deutschland GmbH’s U.S. Patent No. 9,586,011

Defendant: Sanofi-Aventis Deutschland GmbH

Court: Patent Trial and Appeal Board

Date: Jun 04, 2018

Docket: IPR2018-01159

June 1, 2018 — Petition for Inter Partes Review filed

K2M, Inc. v. OrthoPediatrics Corp. (claim construction)

Defendant: OrthoPediatrics Corp. et al.

Court: D. Del.

Date: Jun 01, 2018

Docket: 1-17-cv-00061

Judge: Judge Sleet

The court construed claim terms from U.S. Patent Nos. 9,532,816 and 9,655,664 both entitled “Rod reduction device and method of use”

In re NeuroGrafix (‘360) Patent Litigation (Summary Judgment)

Defendant: BrainLab, Inc. et al.

Court: D. Mass.

Date: May 30, 2018

Docket: 13-2432

Judge: Judge Stearns

The court granted defendants’ motion for summary judgment of non-infringement of U.S. Pat. No. 5,560,360.