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www.fdanews.com/articles/212235-axonics-wins-appeal-against-medtronic-over-nerve-stimulation-patents

Axonics Wins Appeal Against Medtronic Over Nerve Stimulation Patents

July 18, 2023

Dubbing the Patent Trial Appeal Board’s (PTAB) rationale “doubly infected by error,” the U.S. Federal Court of Appeals gave Axonics the win as it vacated PTAB’s denial of Axonics appeal against Medtronic and remanded the case back to PTAB for reconsideration.

The issues concern Medtronic’s patents for sacral-nerve stimulation to treat bladder and bowel incontinence. Axonics argued before PTAB that Medtronic’s patents were invalid because of “obviousness” — that the idea behind the patent would be obvious to an expert in the field. 

In its ruling, the appeals court explained that in ruling against Axonics, PTAB had used “legally incorrect framing” and “erred in its obviousness analysis,” providing a detailed examination of publications on medical leads for sacral-nerve stimulation. 

The court also held that PTAB’s reading of the Medtronic patent was too narrow, and that as PTAB “relied on this limitation in rejecting Axonics’ argument,” the court was “unable to say that this error was harmless,” as it handed the win to Axonics.

Read the ruling here.

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