Medtronic, Inc. and Medtronic Vascular, Inc.v.Lifeport Sciences LLCDownload PDFPatent Trial and Appeal BoardOct 8, 201408420623 (P.T.A.B. Oct. 8, 2014) Copy Citation Trials@uspto.gov Paper 19 571-272-7822 Entered: October 8, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE PATENT TRIAL AND APPEAL BOARD _______________ MEDTRONIC, INC. AND MEDTRONIC VASCULAR, INC., Petitioner, v. LIFEPORT SCIENCES LLC, Patent Owner. _______________ Case IPR2014-00284 Patent 5,562,728 _______________ Before LORA M. GREEN, SCOTT E. KAMHOLZ, and BARBARA A. BENOIT, Administrative Patent Judges. BENOIT, Administrative Patent Judge. JUDGMENT Request for Adverse Judgment 37 C.F.R. § 42.73(b) IPR2014-00284 Patent 5,562,728 2 On October 2, 2014, Lifeport Sciences LLC filed a notice of filing of a disclaimer as to claims 1-3, 9-18, 23, 27-31, and 33-35 of U.S. Patent No. 5,562,728. Paper 18. Lifeport Sciences requested termination under 37 C.F.R. § 42.73(b)(2) (id.) and submitted a copy of a statutory disclaimer of claims 1-3, 9- 18, 23, 27-31, and 33-35 (Ex. 2001) that it filed the same day. The Board construes disclaimer of all claims at issue in a trial as a request for adverse judgment. 37 C.F.R. § 42.73(b)(2). Because Lifeport Sciences has disclaimed all claims at issue in this proceeding, entry of judgment against it is appropriate. Accordingly, it is ORDERED that Lifeport Sciences’ request for judgment against itself with respect to claims 1-3, 9-18, 23, 27-31, and 33-35 of U.S. Patent No. 5,562,728 is granted; FURTHER ORDERED that the Trial Hearing scheduled for this proceeding on February 18, 2015 is cancelled; and FURTHER ORDERED that judgment is entered herein against Lifeport Sciences with respect to claims 1-3, 9-18, 23, 27-31, and 33-35 of U.S. Patent No. 5,562,728. IPR2014-00284 Patent 5,562,728 3 FOR PETITIONER: James Elacqua Edward Tulin SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP james.elacqua@skadden.com edward.tulin@skadden.com FOR PATENT OWNER: Cary Kappel William Gehris DAVIDSON, DAVIDSON & KAPPEL, LLC ckappel@ddkpatent.com wgehris@ddkpatent.com Copy with citationCopy as parenthetical citation
