Medtronic must face additional Axonics patent challenges, US court rules

Axonics

07/08/2023 19:25

* 
      Federal Circuit said patent board should reconsider
Axonics
arguments
    

        * 
      Second revival of Axonics challenges to Medtronic patents
since
July
    

  
    By Blake Brittain
       Aug 7 (Reuters) - Axonics  AXNX.O  convinced the U.S.
Court of Appeals for the Federal Circuit on Monday to revive its
challenge to the validity of two Medtronic  MDT.N  patents, as
the rival medical device companies clash over spinal stimulation
technology.
    The ruling is the second win for Axonics at the Federal
Circuit in the past month in the companies' dispute. The court
reopened Axonics' challenges to two other Medtronic patents at a
U.S. Patent and Trademark Office tribunal in July. 
    Medtronic sued Axonics in California federal court in 2019
for infringing seven patents related to nerve-stimulation
technology. The court delayed an infringement trial that had
been set to begin next week following the Federal Circuit's July
decision.
    Medtronic spokesperson Boua Xiong said on Monday that the
company is "confident in the strength of our patent portfolio"
and "ready to present our case on Axonics' infringement." She
noted that the Federal Circuit has not invalidated any of the
patents that the company has accused Axonics of violating.
    Representatives for Axonics did not immediately respond to a
request for comment on the Federal Circuit's decision on Monday.
    Medtronic's patents relate to technology for stimulating
sacral nerves in the lower back to treat bladder and bowel
control issues. It accused Axonics' r-SNM nerve-stimulation
system of infringing the patents, which cover aspects of
Medtronic's competing InterStim system.
    Axonics challenged the validity of two of the patents,
related to charging implanted medical devices, at the USPTO's
Patent Trial and Appeal Board in 2020. It argued that earlier
patents disclosed the same inventions.
    The board ruled for Medtronic and upheld the patents last
year. But the tribunal made a mistake when it refused to
consider Axonics' new arguments after the board adopted an
interpretation of the patents' terms that Medtronic submitted,
U.S. Circuit Judge Timothy Dyk wrote for a three-judge panel on
Monday.
    
    The case is Axonics Inc v. Medtronic Inc, U.S. Court of
Appeals for the Federal Circuit, No. 22-1532.
    For Axonics: Aaron Nathan of Tensegrity Law Group
    For Medtronic: Naveen Modi of Paul Hastings
    
    Read more:
    US appeals court revives Axonics challenges to Medtronic
device patents