MEDTRONIC, INC. v. BARRY

2017-1169, 2017-1170.

891 F.3d 1368 (2018)

MEDTRONIC, INC., Appellant v. Mark A. BARRY, Appellee.

United States Court of Appeals, Federal Circuit.

Decided: June 11, 2018.


Attorney(s) appearing for the Case

MARK CHRISTOPHER FLEMING , Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA, argued for appellant. Also represented by ERIC FLETCHER ; BRITTANY BLUEITT , AMADI, Washington, DC; RYAN NORTH MILLER , Fox Rothschild, LLP, Philadelphia, PA; JEFF E. SCHWARTZ, Washington, DC.

JOHN C. ALEMANNI , Kilpatrick Townsend & Stockton LLP, Raleigh, NC, argued for appellee. Also represented by SEAN PAUL DEBRUINE , Law Office of Sean DeBruine, Menlo Park, CA.

Before Taranto, Plager, and Chen, Circuit Judges.


This is a consolidated appeal from two related decisions of the U.S. Patent and Trademark Office's Patent Trial and Appeals Board (Board) in inter partes review (IPR) proceedings. The Board concluded that the petitioner, Medtronic, Inc., had not proven that the challenged patent...

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