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33 Final Written Decision original: JUDGMENT Final Written Decision Determining All Challenged Claims Unpatentable Granting in Part Patent Owner’s Motion to Amend 35 USC § 328a

Document PGR2021-00107, No. 33 Final Written Decision original - JUDGMENT Final Written Decision Determining All Challenged Claims Unpatentable Granting in Part Patent Owner’s Motion to Amend 35...
... injury occurs in the short period of time immediately following the transition from the metabolic famine to feast.” Id. ¶ 5. Levin explains that reperfusion injury can be reduced by “ischemic preconditioning, in which repetitive brief periods of ...
C. Person of Ordinary Skill in the Art Factual indicators of the level of ordinary skill in the art include “the various prior art approaches employed, the types of problems encountered in the art, the rapidity with which innovations are made, the ...
Under this framework, claim terms are given their ordinary and customary meaning, as would be understood by a person of ordinary skill in the art, at the time of the invention, in light of the language of the claims, the specification, and ...
Petitioner also contends that Dr. Leschinsky provides no support for his “assertion that targets ‘chosen by the medical person’ (id. ¶ 18) can only 43 PGR2021-00107 Patent 10,926,069 B2 be predetermined, rather than based on patient ...
... series of sequential inflation and deflation of the balloon in a targeted extent resulting in full sealing or reduced low pressure blood flow at a time can be stored in the control unit and can thus be chosen by the medical person ...
... measurements,” and the inflation and deflation of Gille501’s balloon catheter is controlled by “a ‘pre- programmed series . . . in a targeted extent,’ which ‘can be stored in the control unit and can thus be chosen by the medical person ...
As articulated by Dr. Day, [u]sing a Measured Value as a target value for blood pressure is a readily apparent choice because normal blood pressure varies from person to person (and can vary in a given person) and because this is ...
... that motivation is lacking because “there are no flaws or downsides to the algorithms of Gille501 or 503” is likewise unavailing because, as noted by Petitioner, “when ‘there are a finite number of identified, predictable solutions, a person ...
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105 Order: JUDGMENT Final Written Decision Determining Some Claims Unpatentable Granting Patent Owners Contingent Motion to Amend

Document IPR2020-00130, No. 105 Order - JUDGMENT Final Written Decision Determining Some Claims Unpatentable Granting Patent Owners Contingent Motion to Amend (P.T.A.B. Jun. 17, 2021)
A claim is unpatentable under 35 U.S.C. § 103 if the differences between the claimed subject matter and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person ...
... person of ordinary skill in the art (“POSITA”). Petitioner provides two alternative definitions for a person having ordinary skill in the art. First, Petitioner asserts that if a person of ordinary skill in the art “was a medical doctor, s/he would ...
Upon review of the parties’ arguments and supporting evidence, we adopt Petitioner’s definitions of a person of ordinary skill in the art, which allow the ordinarily skilled artisan to be either a medical doctor or an engineer, as they are ...
Under that standard, the words of a claim are generally given their “ordinary and customary meaning,” which is the meaning the term would have had to a person of ordinary skill at the time of the invention, in the context of the entire ...
Given these characteristics, Patent Owner posits that if Kontos’s extension catheter were subject to backout force it may “rotate, bend, or ‘crunch up,’ risking damage to the PTCA balloon catheter and injury to the patient.” Id. at 27–28 ...
Third, Petitioner contends a person of ordinary skill in the art would understand that a side opening would reduce the force a physician would need to exert to advance the catheter through tortuous vasculature.
Graham, Azzalini, and Thompson testifiy that each of these approaches presented significant difficulties related to time, expense, and potential injury to the patient.
With respect to the relative sizes of the guiding catheter and support catheter of Kontos, Petitioner contends that a person of ordinary skill in the art would have sought to resize Kontos’s device in order to implement Takahashi’s 5- in-6 system, because Takahashi “teaches that using a catheter-in-catheter assembly—in particular, an assembly that ...
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107 Order: JUDGMENT Final Written DecisionDetermining Some Challenged Claims UnpatentableGranting Patent Owners Contingent Motion to Amend

Document IPR2020-00127, No. 107 Order - JUDGMENT Final Written DecisionDetermining Some Challenged Claims UnpatentableGranting Patent Owners Contingent Motion to Amend (P.T.A.B. Jun. 17, 2...
3 B. Level of Ordinary Skill in the Art We consider the asserted grounds of unpatentability in view of the understanding of a person of ordinary skill in the art (“POSITA”).
10 PUBLIC VERSION IPR2020-00127 Patent 8,048,032 B2 provides two alternatives for a person having ordinary skill in the art. First, Petitioner asserts that “[i]f a person of ordinary skill in the art (‘POSITA’) was a medical doctor, s/he ...
Given these characteristics, Patent Owner posits that if Kontos’s extension catheter were subject to backout force it may “rotate, bend, or ‘crunch up,’ risking damage to the PTCA balloon catheter and injury to the patient.” Id. at 25 ...
We have considered Patent Owner’s argument, “[i]f Kontos was subjected to backout force, it may rotate, bend, or ‘crunch up,’ risking damage to the PTCA balloon catheter and injury to the patient.” PO Resp. 25 (citing Ex-2138 ¶¶ ...
Third, Petitioner contends a person of ordinary skill in the art would understand that a side opening would reduce the force a physician would need to exert to advance the catheter through tortuous vasculature.
Fourth, Petitioner contends a person of ordinary skill in the art would understand that a proximal side opening would permit smooth re-entry if the proximal end of the extension catheter was extended beyond the distal end of the guide ...
According to Patent Owner, Kontos instructs that it is generally not desirable to extend the proximal end of body 12 beyond the distal end of the guide catheter, and all experts agree that a person of ordinary skill in the art would “never” ...
With respect to the relative sizes of the guiding catheter and support catheter of Kontos, Petitioner contends that a person of ordinary skill in the art would have sought to resize Kontos’s device in order to implement Takahashi’s 5-in-6 system, because Takahashi “teaches that using a catheter-in-catheter assembly—in particular, an assembly that ...
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107 Final Decision: JUDGMENT Final Written DecisionDetermining Some Challenged Claims UnpatentableGranting Patent Owners Contingent Motion to Amend

Document IPR2020-00127, No. 107 Final Decision - JUDGMENT Final Written DecisionDetermining Some Challenged Claims UnpatentableGranting Patent Owners Contingent Motion to Amend (P.T.A.B. Ju...
3 B. Level of Ordinary Skill in the Art We consider the asserted grounds of unpatentability in view of the understanding of a person of ordinary skill in the art (“POSITA”).
10 PUBLIC VERSION IPR2020-00127 Patent 8,048,032 B2 provides two alternatives for a person having ordinary skill in the art. First, Petitioner asserts that “[i]f a person of ordinary skill in the art (‘POSITA’) was a medical doctor, s/he ...
Given these characteristics, Patent Owner posits that if Kontos’s extension catheter were subject to backout force it may “rotate, bend, or ‘crunch up,’ risking damage to the PTCA balloon catheter and injury to the patient.” Id. at 25 ...
We have considered Patent Owner’s argument, “[i]f Kontos was subjected to backout force, it may rotate, bend, or ‘crunch up,’ risking damage to the PTCA balloon catheter and injury to the patient.” PO Resp. 25 (citing Ex-2138 ¶¶ ...
Third, Petitioner contends a person of ordinary skill in the art would understand that a side opening would reduce the force a physician would need to exert to advance the catheter through tortuous vasculature.
Fourth, Petitioner contends a person of ordinary skill in the art would understand that a proximal side opening would permit smooth re-entry if the proximal end of the extension catheter was extended beyond the distal end of the guide ...
According to Patent Owner, Kontos instructs that it is generally not desirable to extend the proximal end of body 12 beyond the distal end of the guide catheter, and all experts agree that a person of ordinary skill in the art would “never” ...
With respect to the relative sizes of the guiding catheter and support catheter of Kontos, Petitioner contends that a person of ordinary skill in the art would have sought to resize Kontos’s device in order to implement Takahashi’s 5-in-6 system, because Takahashi “teaches that using a catheter-in-catheter assembly—in particular, an assembly that ...
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32 Final Decision: Judgment Final Written Decision Granting Patent Owners Motion...

Document IPR2019-00995, No. 32 Final Decision - Judgment Final Written Decision Granting Patent Owners Motion to Amend Denying Petitioners Motion to Exclude (P.T.A.B. Oct. 15, 2020)

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31 Order: Decision on Remand Granting Motion to Amend

Document IPR2015-00208, No. 31 Order - Decision on Remand Granting Motion to Amend (P.T.A.B. Apr. 19, 2019)

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31 Termination Decision Document: Termination Decision Document

Document IPR2017-01965, No. 31 Termination Decision Document - Termination Decision Document (P.T.A.B. Feb. 15, 2019)

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48 Final Decision: Termination Decision Document

Document IPR2017-01051, No. 48 Final Decision - Termination Decision Document (P.T.A.B. Sep. 12, 2018)

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