Federal Circuit Court of Appeals Rules in Favor of Knobbe Martens Client, AccessClosure, Inc., On Double-Patenting Issue
Knobbe Martens Olson & Bear LLP, one of the largest intellectual property law firms in the U.S., announced that the U.S. Court of Appeals for the Federal Circuit issued an important ruling in favor of its client, AccessClosure, Inc., an innovator in the vascular-closure market. In a 20-page precedential opinion, the Court ruled that a patent owned by an AccessClosure competitor, St. Jude Medical Inc., on a vascular-closure method is invalid.
The Federal Circuit opinion reverses an earlier decision by the U.S. District Court for the Western District of Arkansas which held that the patent (“Janzen”) was not invalid for double patenting based on the application of the safe-harbor provision of 35 U.S.C. § 121. For a patent otherwise invalid for double patenting to be able to claim the safe-harbor’s protections, it must comply and remain consonant with an Examiner’s restriction requirement. The Court stated: “Since we conclude that the Janzen patent and the sibling patent did not maintain consonance, and therefore the safe harbor provision cannot apply, we hold that claims 7, 8, and 9 of the Janzen patent are invalid.” The Court’s holding ends any threat of an injunction against AccessClosure for its sales of the Mynx vascular closure device.
The Knobbe Martens team who handled the appeal was partner Joseph R. Re, of counsel Jim Lesniak, and associate Tanya Mazur.
About AccessClosure, Inc.:
AccessClosure is a pioneering medical device company focusing on innovative access site management products designed to address complex changes in the cardiovascular and peripheral vascular markets. AccessClosure manufactures and distributes the Mynx Product Family of Vascular Closure Devices in the United States as well as in a growing number of countries. In just over five years, the Mynx has become the leading extravascular solution in the United States. The Mynx Product Family of Vascular Closure Devices seal the femoral artery using a unique conformable sealant, which dissolves within 30 days, leaving nothing behind but a healed artery.
About Knobbe Martens:
With over 275 lawyers and scientists nationwide, Knobbe Martens Olson & Bear LLP dedicates its practice to all aspects of intellectual property law including litigation. Consistently ranked among the top intellectual property firms worldwide, Knobbe Martens serves a diverse group of clients from multinational corporations to emerging businesses of all stages. Headquartered in Orange County, California, Knobbe Martens also has offices in San Diego, Los Angeles, Riverside, San Francisco, Silicon Valley, Seattle, and Washington, D.C. More information about the firm can be found at www.knobbe.com.
