Case: 24-2171 Document: 7 Page: 1 Filed: 08/19/2024
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`UNITED STATES COURT OF APPEALS FOR THE
`FEDERAL CIRCUIT
`______________________
`AXONICS, INC.
`Appellant
`v.
`MEDTRONIC, INC.,
`Appellee
`______________________
`2024-2171, 2024-2172
`______________________
`Appeals from the United States Patent and Trademark Office,
`Patent Trial and Appeal Board in Nos. IPR2020-00712 and IPR2020-00680
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`DOCKETING STATEMENT
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`This Docketing Statement must be completed by all counsel and filed with the
`court within 14 days of the date of docketing. When the United States or its officer
`or agency is a party, this Docketing Statement must be completed by all counsel
`and filed with the court within 30 days of docketing. All questions must be answered
`or the statement will be rejected.
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`Filing Party/Entity: Medtronic, Inc.
`Case Origin: U.S. Patent and Trademark Office, Patent Trial and Appeal Board
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`Originating Number: IPR2020-00712 and IPR2020-00680
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`Type of Case: Patent, Inter Partes Review
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`Relief sought on appeal: Medtronic seeks affirmance of the determination that
`Petitioner failed to demonstrate, by a preponderance of evidence, that claims 3–6,
`9–12, and 15–18 of U.S. Patent 8,738,148 (“the ’148 patent”) are unpatentable over
`the prior art in IPR2020-00712, and affirmance of the determination that Petitioner
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`Case: 24-2171 Document: 7 Page: 2 Filed: 08/19/2024
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`failed to demonstrate, by a preponderance of evidence, that claims 1, 5, and 9 of
`U.S. Patent 8,457,758 (“the ’758 patent”) are unpatentable over the prior art in
`IPR2020-00680.
`Relief awarded below (if damages, specify): The Patent Trial and Appeal Board
`(“the Board”) ruled that Petitioner has not demonstrated, by a preponderance of
`evidence, that claims 3–6, 9–12, and 15–18 of the ’148 patent are unpatentable over
`the prior art in IPR2020-00712, and that Petitioner has not demonstrated, by a
`preponderance of evidence, that claims 1, 5, and 9 of the ’758 patent are
`unpatentable over the prior art in IPR2020-00680.
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`Briefly describe the judgment/order appealed from: The Board found that
`Petitioner has not demonstrated, by a preponderance of evidence, that claims 3–6,
`9–12, and 15–18 of the ’148 patent are unpatentable over the prior in IPR2020-
`00712, and that Petitioner has not demonstrated, by a preponderance of evidence,
`that claims 1, 5, and 9 of the ’758 patent are unpatentable over the prior in IPR2020-
`00680.
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`Nature of Judgment: Final Written Decisions under 35 U.S.C. § 318(a) and
`37 C.F.R. § 42.73
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`Date of Judgment/Order: Final Written Decisions on May 30, 2024
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`Name and docket number of any related cases pending before this court, and the
`name of the writing judge if an opinion was issued:
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`Axonics, Inc. v. Medtronic, Inc., No. 2024-1701, -1702, -1886
`Issues to be raised on appeal: Whether substantial evidence supports the Board’s
`determination that Petitioner has not demonstrated, by a preponderance of evidence,
`that claims 3–6, 9–12, and 15–18 of the ’148 patent are unpatentable over the prior
`art in IPR2020-00712, and that Petitioner has not demonstrated, by a preponderance
`of evidence, that 1, 5, and 9 of the ’758 patent are unpatentable over the prior art in
`IPR2020-00680.
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`Have there been discussions with other parties relating to settlement of this
`case? Yes
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`If “yes,” when were the last such discussions? Earlier this month
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`If “yes,” were the settlement discussions mediated? Yes
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`If they were mediated, by whom? Layn Phillips
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`Case: 24-2171 Document: 7 Page: 3 Filed: 08/19/2024
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`Do you believe that this case may be amenable to mediation? No
`Explain: The parties are unlikely to reach a settlement given prior discussions and
`the decisions being appealed.
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`Provide any other information relevant to the inclusion of this case in the
`court’s mediation program: N/A
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`I certify that I filed this Docketing Statement with the Clerk of the United States
`Court of Appeals for the Federal Circuit and served a copy on counsel of record, this
`19th day of August, 2024 by filing electronically using the CM/ECF System
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` Naveen Modi
`Name of Counsel
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`/s/ Naveen Modi
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`Signature of Counsel
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`Law Firm: Paul Hastings LLP
`Address: 2050 M Street, N.W.
`City, State ZIP: Washington, D.C. 20036
`Telephone Number: (202) 551-1700
`FAX Number: (202) 551-1705
`E-mail Address: naveenmodi@paulhastings.com
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