Renewed Motion to Stay Pending IPR Denied in Part, Granted in Part for Liventa Bioscience, et al

November 30, 2015 – In April 2014, Plaintiff MiMedx Group, Inc. filed suit against Defendants Musculoskeletal Transplant Foundation, Liventa Bioscience, Inc., and Medline Industries, Inc. (collectively, “Defendants”) for infringement of U.S. Patent Nos. 8,323,701; 8,703,207; 8,709,494; 8,642,091; 8,372,437; and 8,597,687 in the United States District Court for the Northern District of Georgia.  Each of the patent in-suit entitled “Placental Tissue Grafts”. In February 2015, Defendants filed petitions for inter partes review (“IPR”) at the Patent and Trademark Office on the ‘701 and ‘437 Patents. At that time, the district court denied Defendants’ motion to stay pending the IPR because the PTAB had not issued a decision. Then in August 2015, the Patent Trail and Appeal Board denied institution of the IPR of the ‘701 Patent, but instituted the IPR of the ‘437 Patent. Previously, the PTAB instituted the IPR of the ‘687 Patent and denied institution of IPR of the ‘494 Patent brought by defendants in a separate district court litigation against Plaintiff. Defendants renewed their motion to stay district court litigation pending an IPR of the ‘437, ‘687, and ‘494 Patents.  The district court granted Defendant’s motion to stay with respect to the ‘437 and ‘687 Patents, but denied the stay with respect to the ‘494 Patent. The case remains pending and is captioned MiMedx Group, Inc. v. Liventa Bioscience, et al, 1-14-cv-01178 (GAND).

By: H. Rachael Million-Perez

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