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ARTICLE · 08 DECEMBER 2014

Play Nice In The Deposition Sandbox

McDermott Will & Emery
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The patent at issue relates generally to an aortic heart valve that can be placed inside a patient without the need for open-heart surgery.

United StatesIntellectual Property
Ryan Vachon
Ryan Vachon
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Medtronic, Inc. v. Norred

In two separate orders on the conduct of the proceeding, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or Board) came down on the parties for their inability to amicably resolve disputes that arose during witness depositions without intervention by the PTAB.  Medtronic, Inc. v. Norred, Case Nos. IPR2014-00110 and IPR2014-00111, Paper 23 (PTAB, Oct. 8, 2014) (Weatherly, APJ); Case Nos. IPR2014-00110 and IPR2014-00111, Paper 24 (PTAB, Oct. 9, 2014) (Grossman, APJ).

The patent at issue relates generally to an aortic heart valve that can be placed inside a patient without the need for open-heart surgery.  The petitioner filed two petitions for inter partes review (IPR) of the patent, asserting that several of the patented claims were invalid as anticipated and/or obvious.

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