Federal Circuit Patent Updates - October 2016

Medtronic, Inc. v. Robert Bosch Healthcare (No. 2015-1977, -1986, -1987, 10/20/16) (Lourie, Dyk, Hughes)

October 20, 2016 3:41 PM

Dyk, J. Denying petition for rehearing and confirming the Court's earlier order. "The Board's vacatur of its institution decisions and termination of the proceedings constitute decisions whether to institute inter partes review and are therefore 'final and nonappealable' under § 314(d). Nothing in Cuozzo is to the contrary." Defendant in litigation filed petitions for inter partes review and those petitions were denied. Defendant was subsequently acquired. Less than a year after litigation was initiated, the new corporate parent of the defendant filed additional petitions for inter partes review naming itself as the sole real party in interest and stating it had acquired defendant in the litigation. The Board granted institution of those petitions, but those institutions were subsequently vacated when the Board determined that the