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ARTICLE · 08 DECEMBER 2014

Motion For Observation Must Follow Guidelines

McDermott Will & Emery
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Patent owner NuVasive filed motions for observation in each of the above inter partes reviews (IPRs) to draw the PTAB’s attention to cross-examination testimony of petitioner Medtronic’s reply declarant.

United StatesIntellectual Property
Gregory Yoder
Gregory Yoder
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Medtronic, Inc. v. NuVasive, Inc.

The U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or Board) dismissed a patent owner's improper motions for observation, agreeing with the petitioner that the observations cited too much testimony and were overly argumentative.  Medtronic, Inc. v. NuVasive, Inc., Case Nos. IPR2013-00506; IPR2013-00507; IPR2013-00508 (PTAB, Oct. 15, 2014) (Medley, ALJ).

Patent owner NuVasive filed motions for observation in each of the above inter partes reviews (IPRs) to draw the PTAB's attention to cross-examination testimony of petitioner Medtronic's reply declarant.  The petitioner opposed the motions and argued that the motions were improper because they contained new arguments and new evidence, essentially constituting a sur-reply to the petitioner's reply.

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