Medtronic Takes the Gloves Off in Patent War with Axonics
Medtronic Takes the Gloves Off in Patent War with Axonics

Medtronic and Axonics are at it again, and the gloves are definitely off now. To be fair, the proverbial gloves probably came off a long time ago, but the latest spat between the two companies makes it clear that neither is pulling any punches.

  • Medtronic pioneered the sacral neuromodulation (SNM) market over 20 years ago with its InterStim device, used to treat various bladder and bowel conditions.
  • Along came Axonics Modulation Technologies with FDA approval last year for a rechargeable version of a similar device.
  • The market incumbent almost immediately filed a lawsuit against Axonics, alleging infringement on certain claims in seven patents related to Medtronic’s SNM lead placement procedure and implant recharging technologies. Or, as Axonics CEO Raymond Cohen puts it, “We said, ‘look, this is typical big company anti-competitive behavior … and we think it’s bogus’.”
  • Axonics filed seven petitions with the U.S. Patent and Trademark Office (USPTO) requesting an inter partes review (IPR) of each of the Medtronic patents in question.
  • Medtronic catches up with the market challenger by winning FDA approval of its rechargeable SNM device.

Axonics found out Wednesday that the Patent Trial and Appeal Board (PTAB) of the USPTO has decided to review the validity of six of the seven Medtronic patents in question. This means that the PTAB has reason to believe that at least some, if not all, of the claims in each of those six patents will be found invalid.

They would not have issued the statement if they did not believe there was a ‘reasonable likelihood that some if not all of the claims in those patents would be found to be invalid’, Axonics CEO Raymond Cohen told MD+DI, emphasizing that he was quoting directly from the PTAB’s statement. “We didn’t just make this shit up.”

However, the PTAB decided not to institute a review of one of the patents — (U.S. Patent No. 9,463,324 (‘324 patent) — because there is not a reasonable likelihood that any of the claims in that particular patent would be found to be invalid. According to Medtronic, the ‘324 patent protects key technology related to implant recharging and temperature control and is central to the infringement case pending against Axonics.   Read More..

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