Wednesday, October 23, 2013

PatentlyO discusses PTAB ruling in St. Jude Medical v. Volcano Corp

See Interpreting the IPR Deadline; Conflicting PTAB Decisions; and Appealing Nonappealable Decisions concerning whether a counterclaim can be deemed a complaint, including the text

Rather, St. Jude sued Volcano for infringement and Volcano served an answer and counterclaim of infringement. The counterclaim was served more than one-year before the IPR request. Leaving the legal question of whether the filing of an answer with a counterclaim alleging infringement counts under the statute as a "complaint alleging infringement."


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