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EndyMed Medical Ltd. v. Serendia, LLC

Docket IPR2024-00843, Patent Trial and Appeal Board (Aug. 1, 2024)
Carl DeFranco, Sheridan Snedden, Tina Hulse, presiding
Case TypeInter Partes Review
Patent
9775774
Patent Owner Serendia, LLC
Petitioner EndyMed Medical Ltd.
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Jeisys Medical Inc. v. Serendia, LLC

Docket IPR2024-00383, Patent Trial and Appeal Board (Jan. 9, 2024)
Carl DeFranco, Michael Woods, Scott Raevsky, Sheridan Snedden, Tina Hulse, presiding
Case TypeInter Partes Review
Patent
9775774
DeadlineDUE DATE 2: April 15, 2025
DeadlineDUE DATE 5: April 16, 2025 Petitioner’s sur-reply to the opposition to the motion to amend Motion to exclude evidence
Patent Owner Serendia, LLC
Petitioner Jeisys Medical Inc.
Petitioner Endymed Medical
...
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Cartessa Aesthetics, LLC v. XR Communications, LLC

Docket IPR2022-00376, Patent Trial and Appeal Board (Dec. 28, 2021)
Carl DeFranco, Sheridan Snedden, Tina Hulse, presiding
Case TypeInter Partes Review
Patent
9775774
Patent Owner XR Communications, LLC
Petitioner Cartessa Aesthetics, LLC
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37 Order on Motion: REVISED SCHEDULING ORDER

Document IPR2024-00383, No. 37 Order on Motion - REVISED SCHEDULING ORDER (P.T.A.B. Mar. 13, 2025)
ENDYMED MEDICAL LTD. and
1 This is a consolidated Order for all three proceedings.
The parties shall not use this heading in any subsequent papers.
Following joinder of petitioners EndyMed Medical Ltd. and EndyMed Medical, Inc. (collectively, “EndyMed”) in the above-identified proceedings, we extended the due date for the final written decision in each proceeding from July 22, 2025, to December 22, 2025.
2 We refer only to the paper in IPR2024-00383.
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36 Order on Motion: ORDER Adjusting One Year Pendency Due to Joinder 35 USC § 316a11 37 CFR § 42100c

Document IPR2024-00383, No. 36 Order on Motion - ORDER Adjusting One Year Pendency Due to Joinder 35 USC § 316a11 37 CFR § 42100c (P.T.A.B. Mar. 13, 2025)
On July 22, 2024, we instituted an inter partes review in each of the above-identified proceedings based on a petition filed by Jeisys Medical Inc. (“Jeisys”).
On January 31, 2025, EndyMed and patent owner, Serendia, LLC, jointly proposed that several due dates be extended by about three months for the purpose of accommodating discovery.
Normally, a final decision in an inter partes review is due “not later than 1 year after the date on which the Director notices the institution of a review ... except that the Director ... may adjust the time periods in this paragraph in the case of joinder under section 315(c).” 35 U.S.C. § 316(a)(11)(emphasis added).
In the case of joinder, the Director has delegated the authority to adjust the one- year period to the Board.
That being the case, we adjust the pendency time of these proceedings before the Board so as to adequately consider and decide all the pending issues.
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35 Order Other: Order Granting Termination Due to Settlement Only as to Petitioner Jeisys Medical Inc 35 USC 317 37 CFR 4274

Document IPR2024-00383, No. 35 Order Other - Order Granting Termination Due to Settlement Only as to Petitioner Jeisys Medical Inc 35 USC 317 37 CFR 4274 (P.T.A.B. Feb. 4, 2025)
On December 18, 2024, we authorized Petitioner Jeisys Medical Inc. and Patent Owner Serendia, LLC to file a joint motion to terminate “with respect to the petitioner” in each of the above-identified proceedings.
Rather than wait until after our decision on joinder, Jeisys and Serendia chose to file their joint motion beforehand, seeking to terminate each of the above-identified proceedings “in its entirety.” Paper 31, at 1, 3.
But, as a matter of law, an instituted proceeding may be terminated due to settlement only “[i]f no petitioner remains in the inter partes review.” 35 U.S.C. § 317(a).
Along with their motion to terminate, Jeisys and Serendia also request that their settlement agreement (Exhibit 2156) be treated as business confidential information and be kept separate from the files of the challenged patents.
Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), we determine that it is appropriate to treat the settlement agreement as business confidential information and keep it separate from the files of the challenged patents.
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34 Notice Other: Institution decision and grant of joinder, IPR2024 00843

Document IPR2024-00383, No. 34 Notice Other - Institution decision and grant of joinder, IPR2024 00843 (P.T.A.B. Jan. 10, 2025)
However, as noted above, another entity, Jeisys Medical Inc. (“Jeisys”), filed an earlier petition on which we granted institution of inter partes review.
The ’774 patent is also the subject of a proceeding before the International Trade Commission, filed March 1, 2023, and captioned Certain Dermatological Treatment Devices and Components Thereof, No. 337-TA- 1356 (“the ITC Investigation”).
The ’774 patent is also the subject of several federal district court actions, some of which are stayed pending the outcome of the ITC proceeding and some of which have been dismissed— • Serendia, LLC v. Cutera, Inc., No. 1:23-cv-00222 (D.
Serendia also argues that joinder should be denied due to duplicative efforts with the parallel Delaware litigation, which involves the same parties and patent as here.
Thus, we will not discretionarily deny the petition or joinder on the basis of the parallel Delaware litigation.6 Also, to the extent Serendia contends EndyMed should not be permitted to join and continue an IPR that would otherwise be terminated due to Serendia’s settlement with Jeisys, we disagree for several reasons.
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14 Institution Decision Joined: Institution Decision Joined

Document IPR2024-00843, No. 14 Institution Decision Joined - Institution Decision Joined (P.T.A.B. Jan. 10, 2025)
However, as noted above, another entity, Jeisys Medical Inc. (“Jeisys”), filed an earlier petition on which we granted institution of inter partes review.
The ’774 patent is also the subject of a proceeding before the International Trade Commission, filed March 1, 2023, and captioned Certain Dermatological Treatment Devices and Components Thereof, No. 337-TA- 1356 (“the ITC Investigation”).
The ’774 patent is also the subject of several federal district court actions, some of which are stayed pending the outcome of the ITC proceeding and some of which have been dismissed— • Serendia, LLC v. Cutera, Inc., No. 1:23-cv-00222 (D.
Serendia also argues that joinder should be denied due to duplicative efforts with the parallel Delaware litigation, which involves the same parties and patent as here.
Thus, we will not discretionarily deny the petition or joinder on the basis of the parallel Delaware litigation.6 Also, to the extent Serendia contends EndyMed should not be permitted to join and continue an IPR that would otherwise be terminated due to Serendia’s settlement with Jeisys, we disagree for several reasons.
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