Lombard Medical files for Inter Partes Review of Medtronic’s Jervis Nitinol Patent

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Lombard Medical has filed a petition earlier this month with the Patent Trial and Appeal Board for inter partes review of Medtronic’s U.S. Pat. No. 6,306,141 to Jervis. Lombard Medical’s products include the AORFIX™ endovascular stent graft.

The ‘141 patent is entitled “Medical Devices incorporating stress-induced martensite (SIM) alloy elements” and lists a priority claim back to October 14, 1983. The ‘141 patent’s abstract states that “[m]edical devices which are currently proposed to use elements made from shape memory may be improved by the use of stress-induced martensite alloy elements instead. The use of stress-induced martensite decreases the temperature sensitivity of the devices, thereby making them easier to install and/or remove.”

Lombard’s petition seeks review of Claims 1-10 and 18-22 of the ‘141 patent, alleging that those claims are invalid for either anticipation, obvious, and/or obviousness-type double-patenting. The associated exhibits can be found by visiting the Board’s website, entering the patent number 6306141, and clicking on the Search button.

Of note, the ‘141 patent, among others, was previously asserted by Medtronic against W.L. Gore & Associates, Inc. in 2006; Gore’s EXCLUDER® AAA, TAG, and VIABAHN SFA® endoprosthesis devices were at issue. The parties entered into a confidential settlement in 2009.

Medtronic also previously asserted the ‘141 patent, among others, against AGA Medical in 2007. AGA’s AMPLATZER® Septal Occluder, Duct Occluder, and Vascular Plug devices were at issue. The parties entered into a settlement in 2010 in which AGA received a non-exclusive license to patents including the ‘141 patent in exchange for $35 million. AGA Medical was subsequently purchased by St. Jude Medical in October 2010 for $1 billion.

Bryan Wahl
Bryan W. Wahl is a partner in our Orange County office. He specializes in intellectual property protection, infringement studies, financings, and strategic transactions especially with respect to medical devices and biotechnology.
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