Institution Denied in Inter Partes Review on Vagus Nerve Modulation

On March 19, 2019, the USPTO’s Patent Trial and Appeal Board (“Board”) denied institution of IPR2018-01709 filed by LivaNova, Inc. and numerous related entities (“Petitioners”).

In IPR2018-01709 the Petitioners challenged claims 1-8, 10-12, 18-23, and 25-28 of U.S. Patent No. 7,076,307 (“the ‘307 Patent”) as obvious under 35 U.S.C. § 103. The Board exercised its discretion under 35 U.S.C. § 325(d) in denying institution.

The ‘307 Patent is owned by Neuro and Cardiac Technologies, LLC (“Patent Owner”) and is drawn to methods and system for modulating the vagus nerve with electrical pulses using implanted and external components, to provide therapy for neurological and neuropsychiatric disorders. The claims relate to a programmable implantable pulse generator.

By:  April Breyer Menon

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