Not a Lexis Advance subscriber? Try it out for free.

Cook Grp. Inc. v. Bos. Sci. Scimed, Inc.

United States Court of Appeals for the Federal Circuit

April 30, 2020, Decided

2019-1413, 2019-1422

Opinion

Prost, Chief Judge.

Cook Group Inc. and Cook Medical LLC (collectively "Cook") petitioned for inter partes review ("IPR") of several claims of U.S. Patent No. 8,974,371 ("the '371 patent"). The Patent Trial and Appeal Board ("Board") delivered a mixed result finding Cook had met its burden of showing that some claims are unpatentable as obvious, but that Cook had not met its burden of showing that other claims are unpatentable as either anticipated or obvious.

Cook appeals the Board's finding that claims 11-13, 15, and 17 are not unpatentable as either anticipated or obvious over the cited prior art. Boston Scientific Scimed, Inc. ("Boston") cross-appeals the Board's finding that claims 1, 3-5, and 10 are unpatentable [*2]  as obvious over the cited prior art. With respect to Cook's appeal, we conclude that the Board's determination as to claims 11, 15, and 17 must be reversed due to an erroneous claim construction, but we affirm the Board's determination as to claims 12 and 13. On Boston's cross-appeal, we find no error in the Board's decision and affirm.

The '371 patent generally relates to hemostatic clips that are used to stop bleeding during surgical procedures. Claim 11 is representative for the purposes of this appeal:

11. An apparatus for applying clips to tissue within a living body, comprising:

a capsule;

a clip assembly housed within the capsule for movement between an insertion configuration in which first and second arms of the clip assembly are drawn toward one another and an expanded configuration in which the first and second arms are separated from one another to receive tissue therebetween;

a control element including a connector element, extending between a proximal end which, during use, remains outside the body accessible to a user and a distal end removably connected to the clip assembly via the connector element, wherein the control element detaches from the connector element via a frangible [*3]  link; and

Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.

2020 U.S. App. LEXIS 13947 *; 2020 U.S.P.Q.2D (BNA) 10451

COOK GROUP INCORPORATED, COOK MEDICAL LLC, Appellants v. BOSTON SCIENTIFIC SCIMED, INC., Cross-Appellant

Notice: THIS DECISION WAS ISSUED AS UNPUBLISHED OR NONPRECEDENTIAL AND MAY NOT BE CITED AS PRECEDENT. PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.

Prior History:  [*1] Appeals from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2017-00135.

Disposition: AFFIRMED IN PART AND REVERSED IN PART.

CORE TERMS

connector, clip, Embodiment, J-Hook, anticipated, unpatentable, cut-out, detach, control wire, frangible, assembly, proximal, argues, prior art, grounds, distal, arms, ball

Business & Corporate Compliance, US Patent & Trademark Office Proceedings, Patent Law, US Patent & Trademark Office Proceedings, Patent Law, Infringement Actions, Claim Interpretation, Jurisdiction & Review, Standards of Review, De Novo Review, Substantial Evidence