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<i>TriVascular, Inc. v. Samuels</i>

BY Nathan D. Renov
February 29, 2016

On Feb. 5, 2016, in TriVascular, Inc. v. Samuels, the United States Court of Appeals for the Federal Circuit affirmed the written decision of the Patent Trial and Appeal Board (PTAB or “Board”) of the United States Patent and Trademark Office (USPTO) in an Inter Partes Review (No. IPR2013-00493) of U.S. Patent No. 6,007,575 (the '575 patent). In particular, the court affirmed the Board's conclusion that the '575 patent was not invalid as being obvious over the prior art of record despite the Board's initial institution of the IPR based on obviousness grounds. The '575 patent, entitled “Inflatable intraluminal stent and method for affixing same within the human body,” relates to inventions in the field of intraluminal stent technology, and particularly to a vascular stent for treating medical conditions which could cause either vascular stenosis or an aneurysm.

The '575 patent was filed by Dr. Shaun L.W. Samuels on June 6, 1997, and generally claims an intraluminal stent which can be affixed to a vascular wall by way of “an inflatable and deflatable cuff.” The cuff enables the vascular stent to remain in place without requiring penetration of the vessel wall, as was taught in the prior art. To secure the cuff in place without penetrating the vessel wall, the invention provides:

' said friction-enhancing outer surface featuring inflatable protrusion(s) including at least one circumferential ridge disposed about the inflatable cuff, said friction-enhancing outer surface engaging the interior of the tubular structure without penetration to prevent the cuff from moving in a longitudinal direction with respect to the tubular structure when said cuff is in a fully inflated condition; (Claim 1, emphasis added.)

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