Minerva Surgical, Inc. v. Hologic, Inc., No. 21-2246 (Fed. Cir. 2023)
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The application for the 208 patent was filed in 2012 and claims a priority date of November 7, 2011. It is directed to surgical devices for an “endometrial ablation,” which stops or reduces abnormal uterine bleeding. The procedure generally involves inserting a device having an energy-delivery surface into a patient’s uterus, expanding the surface, energizing the surface to “ablate” or destroy the endometrial lining of the patient’s uterus, and removing the surface.
Minerva sued Hologic for infringement. After discovery, the district court granted summary judgment that the asserted claims are anticipated under the public use bar of pre-AIA 35 U.S.C. 102(b). The Federal Circuit affirmed. The patented technology was “in public use” because, before the critical date, for several days, Minerva disclosed 15 devices having the technology at the industry’s “Super Bowl,” Minerva showcased them at a booth, in meetings with interested parties, and in a technical presentation. Minerva did not disclose the devices under any confidentiality obligations, despite the commercial nature of the event. At the time of that public use, the technology was “ready for patenting.” Minerva had created working prototypes and technical documents describing the claimed technology. There are no genuine factual disputes.
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