On December 8, 2014, the USPTO’s Patent Trial and Appeal Board (“Board”) denied a motion filed by Medtronic, Inc. (“the Petitioner”) for joinder of the instant inter partes review (“IPR”) with an earlier IPR proceeding. In particular, the Petitioner moved for joinder of a petition relating to two prior art documents that were already considered in the earlier IPR. However, the Board determined that because the Petitioner did not seek a rehearing in the earlier IPR in which the Board decided not to institute a review based on the two prior art documents, the Board would not grant a joinder to add additional challenges to the instant IPR based on the prior art documents that were already considered. The case, which involves an inter partes review of U.S. Patent No. 6,482,228 that is drawn to a percutaneous aortic valve replacement, remains pending and is captioned IPR2014-00823).
By: Jacqueline A. DiRamio