Intellectual Property News and Reports

Intuitive Surgical, Inc. (“Intuitive”) appeals from a final written decision of the Patent Trial and Appeal Board (“Board”) upholding the patentability of claims 24–26 of U.S. Patent No. 8,479,969. See Intuitive Surgical, Inc. v. Ethicon LLC, No. IPR2018-01248, 2020 WL 594140 (P.T.A.B. Feb. 6, 2020).

The threshold question is whether Intuitive is authorized by statute to pursue this appeal. That question turns on whether the Board erred in finding Intuitive estopped from maintaining this inter partes review (“IPR”) proceeding and terminating Intuitive as a party under 35 U.S.C. § 315(e)(1). Id. at *4. We hold that the Board did not err and, thus, dismiss Intuitive’s appeal. Accordingly, we do not reach the merits of the Board’s final written decision upholding the patentability of claims 24–26 of the ’969 patent.

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