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

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

United States Court of Appeals for the Federal Circuit

April 30, 2020, Decided

2019-1370, 2019-1372, 2019-1375, 2019-1377

Opinion

O'Malley, Circuit Judge.

This case arises from the final written decisions of the Patent Trial and Appeal Board ("Board") in two related inter partes reviews ("IPRs"). Cook Group Inc. and Cook Medical LLC (collectively "Cook") appeal the Board's finding that Cook failed to demonstrate by a preponderance of the evidence the unpatentability of claims 4-6, 15, and 20 of U.S. Patent No. 8,709,027 ("'027 patent"). Cook Grp. Inc. v. Bos. Sci. Scimed, Inc., No. IPR2017-00133, 2018 Pat. App. LEXIS 10662 (P.T.A.B. Nov. 3, 2018); Cook Grp. Inc. v. Bos. Sci. Scimed, Inc., No. IPR2017-00134, 2018 Pat. App. LEXIS 10663 (P.T.A.B. Nov. 3, 2018). Boston Scientific Scimed, Inc. ("Boston") cross-appeals the Board's finding that claims 1-3, 7-14, and 16-19 of the '027 patent are unpatentable. Because the Board erred in [*2]  its analysis of claims 4-6, 15, and 20, we vacate and remand to the Board for further consideration of those claims. On Boston's cross-appeal, we find no error in the Board's decision and affirm.

I. Background

A. The '027 Patent

The '027 patent issued to Boston on April 29, 2014. It discloses a reversibly closeable compression clip for endoscopically stopping bleeding of blood vessels along the gastrointestinal tract. '027 patent, col. 2, ll. 59-63. Claims 1 and 20 are representative of the claims at issue on appeal:

1. A medical device, comprising:

a clip having a first clip leg having a first inner surface and a second clip leg having a second inner surface;

a control member extending from a proximal actuator to the clip; 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 13948 *; 2020 U.S.P.Q.2D (BNA) 10457

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Notice: THIS DECISION WAS ISSUED AS UNPUBLISHED OR NONPRECEDENTIAL AND MAY NOT BE CITED AS PRECEDENT. PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.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 Nos. IPR2017-00133, IPR2017-00134.

Disposition: AFFIRMED. VACATED AND REMANDED.

CORE TERMS

clip, Embodiment, clamp, discloses, argues, combine, unpatentable, anticipated, distally, legs, Patent, applier, first and second, opening, ball, inner surface, motivation, functions, diameter, flange, jaws, written decision, stabilizing, grounds, linkage, vacate, substantial evidence, prior art, positioner, references

Patent Law, Jurisdiction & Review, Standards of Review, De Novo Review, Substantial Evidence, Business & Corporate Compliance, US Patent & Trademark Office Proceedings, Patent Law, US Patent & Trademark Office Proceedings, Evidence, Hearsay, Exemptions, Statements by Party Opponents, Inferences & Presumptions, Inferences, Nonobviousness, Elements & Tests, Ordinary Skill Standard, Teaching Away From Invention