PTAB Denies Motion for Extension of Time to Request Rehearing in Medtronic IPRs Against Dr. Barry

October 5, 2015 – Administrative Patent Judge Brian J. McNamara issued an Order on September 30, 2015, denying a request by Patent Owner Dr. Mark A. Barry for an extension of time to request rehearing in two IPRs filed by Medtronic, Inc.: Case IPR2015-00780 and Case IPR2015-00783, part of the many ongoing disputes between Dr. Barry and Medtronic.  The patents-in-suit in the IPRs are U.S. Patent Nos. 7,670,358 and 7,776,072, both entitled “System and Method for Aligning Vertebrae in the Ameliorating of Abberrant Spinal Column Deviation Conditions.”  These patents are also the subject of the ongoing district court litigation Barry v. Medtronic, Inc., Civil Action No. 1:14-cv-104 (E.D. Tex., Beaumont Division).  Dr. Barry’s patents are directed to methods and an apparatus for management and correction of spinal deformities, such as scoliosis.

Related: Judge Clark Denies Motion to Reconsider Disqualification of Gray Reed Attorneys in Medtronic Patent Infringement Litigation (Sep. 1, 2015); Judge Clark Disqualifies Gray Reed Attorneys in Medtronic Patent Infringement Litigation (Aug. 18, 2015)

By: Frederick C. Millett

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