Institution Denied in Inter Partes Reviews on Graft Placement Patent

On March 1, 2019, the USPTO’s Patent Trial and Appeal Board (“Board”) denied institution of IPR2018-01569 filed by Cook Inc., Cook Group Inc., and Cook Medical (“Petitioners”), and on March 4, 2019 the Board denied institution of IPR2018-01570 and IPR2018-01571 by the same Petitioners.

In IPR2018-01569, IPR2018-01570, and IPR2018-01571 the Petitioners challenged claims 1-42 of U.S. Patent No. 8,206,427 (“the ‘427 Patent”) as obvious under 35 U.S.C. § 103. The Board denied institution because the the Petitioners failed to establish a reasonable likelihood that they would prevail in showing the unpatentability of at least one of the challenged claims.

The ‘427 Patent is owned by Medtronic Vascular, Inc. (“Patent Owner”) and is drawn to an apparatus and methods for placement of graft structures within the vascular system for treatment of aneurysms and other conditions.

By:  April Breyer Menon

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