Institution Denied in Inter Partes Review by Cardiovascular Systems

On February 26, 2019, the USPTO’s Patent Trial and Appeal Board (“Board”) denied institution of IPR2018-01549 filed by Cardiovascular Systems, Inc. (“Petitioner”). The ‘853 Patent is owned by Cardio Flow, Inc. (“Patent Owner”) and is drawn to rotational atherectomy devices that remove plaques or other lesions from blood vessels.

In IPR2018-01549, the Petitioner challenged claims 1-15 of U.S. Patent No. 9,788,853 (“the ‘853 Patent”) as obvious under 35 U.S.C. § 103. The Board denied institution under § 103 and § 312(a)(3) for failing to identify with particularity the grounds on which each challenge to each claim was based, and the evidence that supported the grounds for each challenge to each claim. The Board noted that the Petitioner asserted 45 grounds but did not identify with particularity what disclosure was relied on for many grounds, how the disclosures would be combined, or why the combinations would have been obvious.

By:  April Breyer Menon

View Attachment (PDF)