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ST. JUDE MEDICAL, CARDIOLOGY DIV. v. VOLCANO CORP.

No. 2014-1183.

749 F.3d 1373 (2014)

ST. JUDE MEDICAL, CARDIOLOGY DIVISION, INC., Appellant v. VOLCANO CORPORATION, Appellee, and Michelle K. Lee, Deputy Director, United States Patent and Trademark Office, Intervenor.

United States Court of Appeals, Federal Circuit.

April 24, 2014.

Attorney(s) appearing for the Case

Matthew A. Smith , Turner Boyd LLP, Redwood City, CA, Zhuanjia Gu , Attorney, Turner Boyd LLP, Mountain View, CA, for Appellant.

Frank Scherkenbach , Fish & Richardson, P.C., Boston, MA, Craig Earl Countryman , Attorney, Todd Glen Miller, Esq. , Attorney, Fish & Richardson, P.O., San Diego, CA, Stephen Reynold Schaefer, Esq. , Dorothy P. Whelan , Fish & Richardson, P.C., Minneapolis, MN, for Appellee.

Nathan K. Kelley , Solicitor, Frances Lynch , Scott Weidenfeller , United States Patent and Trademark Office Office of the Solicitor, Alexandria, VA, for Intervenor.

Before PROST, O'MALLEY, and TARANTO, Circuit Judges.

ON MOTION

TARANTO, Circuit Judge.

St. Jude Medical, Cardiology Division, Inc., petitioned the Director of the United States Patent & Trademark Office to institute an inter partes review of a patent owned by Volcano Corporation. The Director, through her delegee, denied the petition. St. Jude appealed the noninstitution decision to this court. Volcano and the Director now move to dismiss. We grant the motion.

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