News & Analysis as of

Prior Art Medical Devices Patent Litigation

McDonnell Boehnen Hulbert & Berghoff LLP

Shockwave Medical, Inc. v. Cardiovascular Systems, Inc. (Fed. Cir. 2025)

Received wisdom is that inter partes review proceedings are limited to prior art as defined by patents and printed publications.  But in recently decided Shockwave Medical, Inc. v. Cardiovascular Systems, Inc., another prior...more

Knobbe Martens

Federal Circuit Review - June 2023

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Objective Evidence in Determining Obviousness - In Medtronic, Inc. v. Teleflex Innovations, Appeal No. 21-2357, the Federal Circuit held that a close prima facie case of obviousness can be overcome by strong evidence of...more

Knobbe Martens

Analogous Art Must Be Compared to the Challenged Patent

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In Sanofi-Aventis Deutschland GmbH v. Mylan Pharm. Inc., Case No. 2021-1981, the Federal Circuit reversed an obviousness determination by the PTAB. At issue was Sanofi’s reissued U.S. Patent No. RE47,614 (the ’614 patent),...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis and Trends: Federal Circuit Appeals: More Design Patent Case Reversals

In 2022, the Court of Appeals for the Federal Circuit issued six opinions regarding U.S. design patents: three precedential opinions and three unprecedential opinions. Unlike 2021 (where the two precedential opinions on...more

Knobbe Martens

Federal Circuit Reverses PTAB’s Invalidation of Patent Claims for an Artificial Heart Valve (Snyders vs St. Jude)

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On October 5, 2021, the U.S. Federal Circuit reversed a finding of invalidity by the Patent Trial and Appeal Board (PTAB) for patent claims related to an “artificial valve for repairing a damaged heart valve.”  ...more

Troutman Pepper Locke

Federal Circuit Review - Issue 282

Troutman Pepper Locke on

282-1 Federal Circuit Opines on Printed Matter Doctrine and Reverses District Court Decision Holding Medical Device Patent Invalid and Noninfringed - The United States Court of Appeals for the Federal Circuit recently...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Life Sciences Report - February 2020

About the PTAB Life Sciences Report:  We will periodically report on developments at the PTAB involving life sciences patents. Abbott Laboratories v. Edwards Lifesciences Corp. PTAB Petition:  IPR2020-00480; filed January...more

Brownstein Hyatt Farber Schreck

Patent Ever-Greening: Not So Obvious

Although the Federal Circuit recently affirmed a district court’s decision on patent invalidity based on obviousness-type double patenting, the case provides an impetus to review terminal disclaimer practice within a patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

Smith & Nephew, Inc. v. Rea (Fed. Cir. 2013)

Last week, in Smith & Newphew, Inc. v. Rea, the Federal Circuit reversed a decision of the Patent Trial and Appeal Board, finding U.S. Patent No. 7,128,744 (the '744 patent), which is owned by Synthes, to be obvious. ...more

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