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ARTICLE · 23 APRIL 2025

Expert Testimony Supporting POPR Can Be An Effective Strategy

Jones Day
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It is relatively uncommon for parties to submit expert declarations in the preliminary-response phase of an IPR proceeding, but recently the Patent Owner in Imperative Care, Inc. v. Inari Medical, Inc...

United StatesIntellectual Property
Susan Gerber
Susan Gerber
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It is relatively uncommon for parties to submit expert declarations in the preliminary-response phase of an IPR proceeding, but recently the Patent Owner in Imperative Care, Inc. v. Inari Medical, Inc. effectively used that strategy to defeat institution in IRP2024-01256, Paper No. 10 (PTAB Feb. 7, 2025).

The patent at issue, United States Patent No. 11,774,691 ("the '691 Patent"), described and claimed a System for Treating Embolism and Associated Devices and Methods. Paper No. 10 at 3. The patent described "devices for the intravascular treatment of emboli and/or thrombi within a blood vessel of a human patient." Id. Importantly, the claims required that the device include a "coupled assembly with first and second chambers," "an aspiration chamber," and "a user-actuatable valve between the second chamber and the aspiration chamber," "wherein the valve is configured to be closed while negative pressure is generated in the first and second chambers." Id. at 8

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