July 24, 2017 – In a July 20 Order, Administrative Patent Judge James A. Worth granted Patent Owner Regents of the University of California authorization to file a motion to dismiss based on Eleventh Amendment sovereign immunity and granted their request for a two-month extension of time to file a Preliminary Response. Petitioner St. Jude Medical did not object to the filing of a motion to dismiss but opposed the request for an extension of time as it could potentially delay a decision in the IPRs until after trial in their related district court proceeding. APJ Worth set a briefing schedule for the motion to dismiss and set a new due date of October 16, 2017 for Regents’ POPR. The patents at issue are U.S. Patent No. 6,502,575, entitled “Instrument for Interrupting Conduction Paths Within the Heart,” and U.S. Patent No. 6,164,283, entitled “Device and Method for Forming a Circumferential Conduction Block in a Pulmonary Vein.” These patents are the subject of IPR2017-01338 (’575 patent) and IPR2017-01339 (’283 patent). St. Jude Medical and Regents are currently involved in the district court action The Regents of the University of California v. St. Jude Medical, Inc., 4:2016-cv-06210 (N.D. Cal.) involving the same patents.
By: Frederick C. Millett