Petitions for inter Partes Review By Varian Medical Systems, Inc. of William Beaumont Hospital’s U.S. Patent No. 6,842,502 (Final Written Decision)

Defendant: Elekta AB (and 3 others)

Court: Patent Trial and Appeal Board

Date: May 08, 2017

Docket: IPR2016-00160; IPR2016-00162; IPR2016-00163; IPR2016-00166

Judge: Administrative Patent Judge Matthew R. Clements

November 6, 2015 — Petitions for Inter Partes review filed

May 6, 2016 – Inter Partes Reviews Instituted

May 4, 2017 – Final Written Decisions finding challenged claims not unpatentable

Petition for Inter Partes Review by Smith & Nephew, Inc. of ConforMIS, Inc.’s U.S. Patent No. 9,216,025 (Inter Partes Review Instituted)

Defendant: ConforMIS, Inc.

Court: Patent Trial and Appeal Board

Date: May 01, 2017

Docket: IPR2017-00115

Judge: Administrative Patent Judge James A. Worth

October 20, 2016 — Petition for Inter Partes Review filed

April 26, 2017 – Inter Partes Review instituted

Xodus Medical Inc. v. Dupaco Inc. (new lawsuit filed)

Defendant: Dupaco Inc.

Court: W.D. PA

Date: Apr 25, 2017

Docket: 2-17-cv-00525

Judge: Judge David S. Cercone

Xodus Medical has filed an action for declaratory judgment in the Western District of Pennsylvania for invalidity and non-infringement of U.S. Patent No. 6,490,737 entitled “Protective cushion and cooperatively engageable helmet casing for anesthetized patient.”  Xodus asserts that Dupaco owns the ‘737 patent and has accused Xodus’ ProneSafe device of infringing the ‘737 patent.

Petition for Inter Partes Review by Edwards Lifesciences Corporation of Boston Scientific Scimed, Inc.’s U.S. Patent No. 8,992,608

Defendant: Boston Scientific Scimed, Inc.

Court: Patent Trial and Appeal Board

Date: Apr 19, 2017

Docket: IPR2017-01293

April 18, 2017 — Petition for Inter Partes Review filed

Petition for Inter Partes Review by Edwards Lifesciences Corporation of Boston Scientific Scimed, Inc.’s U.S. Patent No. 7,828,767

Defendant: Boston Scientific Scimed, Inc.

Court: Patent Trial and Appeal Board

Date: Apr 19, 2017

Docket: IPR2017-01281

April 18, 2017 — Petition for Inter Partes Review filed

Petitions for Inter Partes Review by Abiomed, Inc. of Maquet Cardiovascular LLC’s U.S. Patent No. 9,597,437

Defendant: Maquet Cardiovascular LLC

Court: Patent Trial and Appeal Board

Date: Apr 19, 2017

Docket: IPR2017-01207; IPR2017-01208; IPR2017-01209; IPR2017-01253

April 18, 2017 — Petitions for Inter Partes Review filed

Petitions for Inter Partes Review by Abiomed, Inc. of Maquet Cardiovascular LLC’s U.S. Patent No. 9,561,314

Defendant: Maquet Cardiovascular LLC

Court: Patent Trial and Appeal Board

Date: Apr 17, 2017

Docket: IPR2017-01203; IPR2017-01204; IPR2017-01205

April 14, 2017 — Petitions for Inter Partes Review filed

Petitions for Inter Partes Review by Abiomed, Inc. of Maquet Cardiovascular LLC’s U.S. Patent No. 9,545,468

Defendant: Maquet Cardiovascular LLC

Court: Patent Trial and Appeal Board

Date: Apr 17, 2017

Docket: IPR2017-01201; IPR2017-01202

April 14, 2017 — Petitions for Inter Partes Review filed

Xoran Techs. LLC v. CurveBeam, LLC (new lawsuit filed)

Defendant: CurveBeam, LLC

Court: Easter District of Michigan

Date: Apr 17, 2017

Docket: 2-17-cv-11186

Judge: District Judge Terrence G. Berg

Xoran Technologies has sued CurveBeam in the Eastern District of Michigan for infringement of U.S. Patent No. 7,394,888 entitled CT scanner for lower extremities.  Xoran accuses the pedCat system of infringing the ‘888 patent.

Boston Scientific Corp. v. Cook Medical LLC (claim construction & validity)

Defendant: Cook Medical LLC

Court: D. Del.

Date: Apr 14, 2017

Docket: 15-980-LPS-CJB

Judge: District Judge Leonard P. Stark

The court construed 2 claim terms in U.S. Patent No. 8,974,371 and 1 claim term in U.S. Patent No. 8,709,027.  In the ‘371 patent, the court construed the term “tension member” to mean “a member that fits inside the capsule, is positioned between the clip arms, and engages the clip arms to urge them radially outward.”  In the ‘371 patent, the court construed the term “opening element” to have its plain and ordinary meaning. In the ‘027 patent, the court construed “a linkage” to mean “a system of interconnected machine parts used to transmit power or motion.”

The court also determined that the term “linkage” was not indefinite and therefore the ‘027 patent was not invalid.

Petition for Inter Partes Review by CareFusion Corporation of Baxter International, Inc.’s s U.S. Patent No. 5,764,034 (Petition granted in part and denied in part)

Defendant: Baxter International, Inc.

Court: Patent Trial and Appeal Board

Date: Apr 13, 2017

Docket: IPR2017-00202

Judge: Administrative Patent Judge Amanda F. Wieker

November 4, 2016 — Petition for Inter Partes Review filed

April 11, 2017 – Petition granted in part and denied in part; Inter Partes Review Instituted

Minerva Surgical, Inc. v. CYTYC Surgical Prods., LLC (new lawsuit filed)

Defendant: CYTYC Surgical Products, LLC

Court: N.D. Cal.

Date: Apr 12, 2017

Docket: 5-17-cv-02013

Minerva Surgical, Inc. has sued CYTYC Surgical Products, LLC in the Northern District of California for indirect infringement of U.S. Patent No. 9,186,208.  Minerva accuses the NovaSure ADVANCED of infringement.

Spitz Techs. Corp. v. Nobel Biocare USA, LLC (new lawsuit filed)

Defendant: Nobel Biocare USA LLC

Court: C.D. Cal.

Date: Apr 12, 2017

Docket: 8-17-cv-00660

Spitz Technologies Corp has sued Nobel Biocare USA, LLC; Nobel Biocare Services AG; and Nobel Biocare AB in the Central District of California for infringement of U.S. Patent No. 7,008,227.  Sptiz accuses the NobelActive implant of infringement.

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

Defendant: Covidien, Inc.

Court: S.D. Ohio

Date: Apr 12, 2017

Docket: 1-11-cv-871

Judge: Judge Timothy S. Black

In Ethicon Endo-Surgery, Inc. v. Covidien, Inc., the Court construed two terms of U.S. Patent No. 9,168,055.  The Court construed “spring” to have its plain and ordinary meaning.  The Court adopted Covidien’s construction of “predetermined average coaptation pressure” and “predetermined clamping force” as meaning “clamping (pressure/force) set in advance of operating the clamping arm or clamping (pressure/force) set by the user prior to operating the clamping arm.”

MedIdea, LLC v. DePuy Orthopaedics, Inc. (amended complaint)

Defendant: DePuy Orthopaedics, Inc.

Court: N.D. Illinois

Date: Apr 11, 2017

Docket: 1-16-cv-10638

Judge: District Judge Elaine E. Bucklo

MedIdea has amended its patent infringement complaint against DePuy Orthopaedics in the Northern Distric of Illinois to include two additional patents: U.S. Patent Nos. 8,273,132 and 8,721730.  MedIdea accuses the Attune PS Knee System of infringing both patents.

MedIdea had previously accused the Attune PS Knee System of infringing U.S. Patent Nos. 6,558,426 and 9,492,280.

Wright Medical Tech., Inc. v. KFx Medical Corp. (new lawsuit filed)

Defendant: KFx Medical Corp

Court: District of Delaware

Date: Apr 07, 2017

Docket: 1-17-cv-00384

Wright Medical Technology (“Wright”) has sued KFx Medical Corp (“KFx”) for declaratory judgment of non-infringement and invalidity of U.S. Patent Nos. 7,585,311; 8,100,942; and 8,109,969 in the District of Delaware.  Wright alleges that KFx wrote Wright a letter accusing Wright’s PITON knotless suture anchor of infringing the ‘311 patent when used in double row surgical procedures.  Wright also alleges that KFx subsequently accused the same product of infringing the ‘942 patent and the ‘969 patent.  Wright seeks declaratory judgment of non-infringement and invalidity for all three patents.

My Nemesis v. Parsys Telemedicine (new lawsuit filed)

Defendant: Parsys Telemedicine

Court: Northern District of California

Date: Apr 07, 2017

Docket: 3:17-cv-01927

My Nemesis has sued Parsys Telemedicine for infringement of U.S. Patent No. 9,107,597 entitled Apparatus, Device and Method for Obtaining Electrocardiogram in the Northern District of California.  My Nemesis accuses Telemedicine’s digital portable ECG device of infringing the ‘597 patent.

My Nemesis v. Edan USA, Inc. (new lawsuit filed)

Defendant: Edan USA, Inc.

Court: Northern District of California

Date: Apr 07, 2017

Docket: 3:17-cv-01926

My Nemesis has sued Edan USA for infringement of U.S. Patent No. 9,107,597 entitled Apparatus, Device and Method for Obtaining Electrocardiogram in the Northern District of California.  My Nemesis accuses the Patient Monitor iM80 of infringing the ‘597 patent.

Petition for Inter Partes Review by Edwards Lifesciences Corporation of Boston Scientific Scimed, Inc.’s U.S. Patent No. 8,992,608 (Petition granted in part and denied in part)

Defendant: Boston Scientific Scimed, Inc.

Court: Patent Trial and Appeal Board

Date: Apr 06, 2017

Docket: IPR2017-00060

Judge: Administrative Patent Judge James A. Tartal

October 12, 2016 — Petition for Inter Partes Review filed

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

Petition for Inter Partes Review by Smith & Nephew, Inc. of ConforMIS, Inc.’s U.S. Patent No. 9,055,953 (Inter Partes Review Instituted)

Defendant: ConforMIS, Inc.

Court: Patent Trial and Appeal Board

Date: Mar 29, 2017

Docket: IPR2016-01874

Judge: Administrative Patent Judge James A. Worth

September 21, 2016 — Petition for Inter Partes Review filed

March 27, 2017 — Inter Partes Review Instituted