June 19, 2018
Authored and Edited by Pier D. DeRoo; Lillian R. Phares; Elizabeth D. Ferrill
In Medtronic, Inc. v. Barry, Nos. 17-1169, 17-1170 (June 11, 2018), Medtronic appealed PTAB decisions in two IPR proceedings upholding all challenged claims directed to pedicle screws for spinal derotation surgery. The CAFC affirmed the PTAB’s determination of nonobviousness in the first proceeding. But in the other, the Court vacated the PTAB’s conclusion that a video and slide presentation were insufficiently publicly accessible to qualify as printed publications, and remanded for further fact-finding.
The video had been distributed at three conferences across the United States, attended by 20 to 55 spinal surgeons. Copies of the presentation had been distributed at two of the same conferences. Notably, the video and presentation had not been stored for public access following the conferences.
Under these circumstances, the printed-publication inquiry required analyzing whether the video and presentation were sufficiently disseminated at the time of their distribution at the conferences. The CAFC instructed the PTAB to further analyze, on remand, (1) the size and nature of the conferences, (2) whether the conferences were open to people interested in the subject matter disclosed, and (3) whether an expectation of confidentiality of the materials existed.
Copyright © 2018 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.
DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.
Lecture
Patent Protection for Software-Related Inventions in Europe and the USA Training Course
June 5, 2024
Hybrid
10th Annual Georgia Asian Pacific American Bar Association Gala
May 29, 2024
Atlanta
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.