EIS GMBH et al. vs Novoluto GmbH

Other: other court decision

Other: Fed Circuit mandate

Patent Owner's Supplemental Mandatory Notices Pursuant to 37 CFR 42.8

Patent Owner's Renewed Motion to Expunge Exhibit 2042 Pursuant to CFR 42.56

Notice of Appeal and Final Written Decision

Order: Denying Patent Owner's Motion to Expunge - 37 CFR 42.56

Petitioner's Opposition to Patent Owner's Motion to Expunge

Patent Owner Motion to Expunge Exhibit 2042

Termination Decision Document

Order - Granting Patent Owner's Unopposed Motion to Seal and for Entry of a Protective Order - 37 CFR 42.14 and 42.54(a)

Petitioner���s Reply To Patent Owner���s Opposition To Petitioner���s Motion To Exclude Patent Owner���s Exhibits 2036, 2038, And 2048 Under 37 C.F.R. �� 41.155

Patent Owner Amended Mandatory Notices

Patent Owner Response to Petitioner Motion to Exclude

PETITIONER'S MOTION TO EXCLUDE PATENT OWNER'S EXHIBITS 2036, 2038, AND 2048 UNDER 37 C.F.R. ��41.155

Email dated November 10, 2020, from Petitioner to Patent Owner requesting Patent Owner to provide facts and/or data underlying Jensen and Herbenick declarations that have not been provided

Email dated December 16, 2020, from Petitioner to Patent Owner requesting Patent Owner to provide facts and/or data underlying Jensen and Herbenick declarations that have not been provided

Transcript of Cross-examination of Dr. Jensen held February 8, 2021, in IPR2020-00007

Transcript of Cross-examination of Dr. Herbenick held February 19, 2021, in IPR2020-00007

Email dated November 10, 2020, from Patent Owner

Patent Owner Amended Mandatory Notices

Joint Notice Regarding Oral Argument

Patent Owner Sur-reply Pursuant to 37 CFR 42.23

Transcript of Cross-Examination of Michael Prisco

Patent Owner Objections to Evidence Submitted With Petitioner Reply

Petitioner���s Amended Mandatory Notices

PETITIONER'S REPLY TO PATENT OWNER'S RESPONSE

Declaration of Debby Herbenick dated February 11, 2020 In The Matter of Australian Patent Application No. 2018203659

Declaration of Debby Herbenick dated March 29, 2019 in In The Matter Of Australian Patent Application No. 2015386680

Transcript of Cross-examination of Dr. Morten Jensen ("Jensen") held December 30, 2020

Transcript of Cross-examination of Dr. Debra Herbenick ("Herbenick") held January 13, 2020

Declaration of Dr. Morten Jensen dated September 11, 2020 filed in IPR2019-01302 as Exhibit 2026 with Patent Owner's Response

Declaration of Michael R. Prisco, P.E., Ph.D. in support of Petitioner's Reply ("Prisco")

Curriculum Vitae of Dr. Michael Prisco

Declaration of Richard Meyst in support of Petitioner's Reply ("Meyst")

Curriculum Vitae of Richard Meyst

Transcript of Cross-examination of Dr. Jensen held November 18, 2020 in IPR2019-01302

Transcript of Cross-examination of Dr. Herbenick held November 19, 2020 in IPR2019-01302

Grand View Research, Inc., Sex Toys Market Size, Share & Trends Analysis Report, available online at: https://www.grandviewresearch.com/industry-analysis/sex-toys-market (accessed on January 20, 2021)

Excerpts from Harry Edwin Hadley, Magnetism & electricity for beginners (1901)

Definition of "and/or," available online at www.lexico.com/en/definition/and/or (obtained on November 17, 2020)

Definition of "pulsation" from Webster's Third New International Dictionary Unabridged (2002)

Definition of "perineum" from Dorland's Illustrated Medical Dictionary, 31st Ed. (2007)

Yavagal et al., Normal Vulvovaginal, Perineal, and Pelvic Anatomy with Reconstructive Considerations, SEMINARS IN PLASTIC SURGERY, Vol. 25, No. 2, 121���129 (2011)

Yu et al., Application of Acupoints and Meridians for the Treatment of Primary Dysmenorrhea: A Data Mining-Based Literature Study, Evidence-Based Complementary and Alternative Medicine, Vol. 2015 (February 2015)

Baxter et al., Clinical Effectiveness of Laser Acupuncture: A Systematic Review, J. Acupunct. Meridian Study 2008, 1(2), 65-82 (2008)

Jennie Longbottom, The Treatment of Pelvic Pain with Acupuncture: Part 1, Journal of Chinese Medicine No. 91 (October 2009)

Liu et al., Applications and Therapeutic Actions of Complementary and Alternative Medicine for Women with Genital Infection, Evidence-Based Complementary and Alternative Medicine, Vol. 2014 (2014)

21 C.F.R. �� 884.5960

Park et al., Effect of Kegel Exercises on the Management of Female Stress Urinary Incontinence: A Systematic Review of Randomized Controlled Trials, Advances in Nursing, Vol. 2014 (2014)

U.S. Patent No. 9,937,097 B2 ("'097")

Notice of Allowance and allowed claims in U.S. Application No. 15/965,208

Notice of Allowance and allowed claims in U.S. Application No. 15/965,117

Excerpts from W.H.G. Bullard, Naval Electricians' Text Book Vol. 1, Fourth Edition (1917)

International Patent Publication No. WO 2010/149168

Definition of "oscillation" from Fundamentals of Hearing Fifth Edition (2007)

DE 856788 B with English Translation

PTAB Consolidated Trial Practice Guide (November 2019)

Demonstrative - Vulva Drawing by Herbenick

Demonstrative - Glans Clitoris Drawings by Herbenick

Definition of "and/or" from Webster's Third New International Dictionary Unabridged (2002)

Definition of "Perineum," Stedman's Medical Dictionary 28th Edition (2006)

Excerpts from Medical Physiology - Principles for Clinical Medicine - 3rd Edition (2009)

Declaration of Andrew J. Sutton

Patent Owner Amended Mandatory Notices

Petitioner's Notice of Deposition of Dr. Herbenick

Petitioner's Notice of Deposition of Dr. Jensen

PETITIONER'S OBJECTIONS TO EVIDENCE SUBMITTED WITH PATENT OWNER'S RESPONSE

EXPUNGED

Curriculum Vitae of Morten Olgaard Jensen, Ph.D., DR.MED.

Declaration of Debra Herbenick, Ph.D.

Curriculum Vitae of Debra Herbenick, Ph.D.

D.S. Solursh, et al., The human sexuality education of physicians in North American medical schools, International Journal of Impotence Research, 15, Supp. 5, S41-S45 (2003)

Womanizer Classic, Womanizer Premium, Womanizer Starlet, and Womanizer Pro Sales data with Certified Translation. PROTECTIVE ORDER MATERIAL ¿¿¿ ATTORNEYS EYES ONLY (filed under seal)

Womanizer Study (2013) with Certified Translation

Press Release with Certified Translation

Bol.com¿¿¿s website listing the Mini First Kiss toy

Amazon¿¿¿s website listing the Tongue Clitoris Sucking Vibrators

Evidence of Copying by Parties Other Than Petitioner with Certified Translation

EXPUNGED

Declaration of Morten Olgaard Jensen, Ph.D., DR.MED.

Claim Chart from Debra Herbenick, Ph.D Declaration

Compilation of Womanizer Awards

Carina Hsieh, et al., 65 Sex Toys for Mind-Blowing Orgasms, Cosmo

Zdenek Halata, et al., The Neuroanatomical Basis for the Protopathic Sensibility of the Human Glans Penis, Brain research, 371(2), 205-230 (1986)

David M. Ferguson, et al., Randomized, Placebo-Controlled, Double Blind, Crossover Design Trial of the Efficacy and Safety of Zestra for Women in Women With and Without Female Sexual Arousal Disorder, Journal of Sex & Marital Therapy, 29(s), 33-44 (2003)

U.S. Patent Publication No. 2013/0012769 to Carlson published January 10, 2013

Complementary Therapy Program: Acupressure, University of Michigan Rogel Cancer Center, (Sept. 9, 2020)

J. Patterson, et al., Moisturizers, Lubricants, and Vulvar Hygiene Products: Issues, Answers, and Clinical Implications, Current Sexual Health Reports, 8(4), 213-221 (2016)

Miranda Farage, et al., The vulvar epithelium differs from the skin: implications for cutaneous testing to address topical vulvar exposures, Contact Dermatitis, 51(4), 201-209 (2004)

U.S. Patent No. 6,099,463 to Hockhalter, issued August 8, 2000

What is Cupping therapy? Uses Benefits, Side Effects, and More (Sept. 9, 2020)

Jason L. Tucker Declaration

Patent Owner Response

Declaration of Debra Herbenick, Ph.D.

Curriculum Vitae of Debra Herbenick, Ph.D.

Claim Chart from Debra Herbenick, Ph.D Declaration

Womanizer¿¿ Classic, Womanizer¿¿ Premium, Womanizer¿¿ Starlet, and Womanizer¿¿ Pro Sales data with Certified Translation. PROTECTIVE ORDER MATERIAL ¿¿¿ ATTORNEYS EYES ONLY (filed under seal)

Press Release with Certified Translation

Amazon¿¿¿s website listing the Tongue Clitoris Sucking Vibrators, with Certified Translation

Declaration of Morten Olgaard Jensen, Ph.D., DR.MED.

Curriculum Vitae of Morten Olgaard Jensen, Ph.D., DR.MED.

D.S. Solursh, et al., The human sexuality education of physicians in North American medical schools, International Journal of Impotence Research, 15, Supp. 5, S41-S45 (2003)

Womanizer Study (2013) with Certified Translation

Compilation of Womanizer Awards

Bol.com¿¿¿s website listing the Mini First Kiss toy, with Certified Translation

Agreed Protective Order

Agreed Protective Order (Redlined)

Evidence of Copying by Parties Other Than Petitioner with Certified Translation

Patent Owner Combined Motion to Seal and Motion for Protective Order

Order - Granting Patent Owner's Motion for Pro Hac Vice Admission of Califf T. Cooper - 37 CFR 42.10

Patent Owner Amended Mandatory Notices

Patent Owner Unopposed Motion for Admission Pro Hac Vice of Califf T. Cooper

Patent Owner Amended Power of Attorney

Declaration of Califf T. Cooper in Support of Patent Owner Unopposed Motion for Admission Pro Hac Vice of Califf T. Cooper

Petitioner's Amended Mandatory Notices

Patent Owner Amended Mandatory Notices

Decision - Granting Petitioner’s Request on Rehearing of Decision Denying Institution; Granting Institution of Inter Partes Review

Scheduling Order

PETITIONER'S AMENDED MANDATORY NOTICES

Order Denying POP Request

Notification of Receipt of POP Request

Ex. 3001

PETITIONER'S REQUEST FOR REHEARING

PETITIONER'S AMENDED MANDATORY NOTICES

Decision - Denying Institution of Inter Partes Review

Patent Owner Preliminary Response

World Health Organization. Acupuncture: Review and Analysis of Reports on Controlled Clinical Trials. Geneva: WHO, 2002:9

Declaration of Debra Herbenick, Ph.D.

Womanizer Insideout Webpage

Mayte Parada et al., Clitorodynia: a descriptive study of clitoral pain, The Journal of Sexual Medicine, 12(8), 1772-1780 (2015).

Satisfyer Pro 2 US Website

Dacota Womanizer Website (Nov. 14, 2019)

Declaration of Morten Olgaard Jensen, Ph.D., DR.MED

Curriculum Vitae of Morten Olgaard Jensen, Ph.D., DR.MED.

Marcelli S., Gross anatomy and acupuncture: A comparative approach to reappraise the meridian system. Med Acupunct.2013;25(1):5¿¿¿22

Curriculum Vitae of Debra Herbenick, Ph.D.

Claim Chart from Debra Herbenick, Ph.D Declaration

Womanizer Classic Webpage

Debby Herbenick et al., An event¿¿¿level analysis of the sexual characteristics and composition among adults ages 18 to 59: Results from a national probability sample in the United States, The Journal of Sexual Medicine 2010, 7, 346-361 (2010).

Debra Herbenick et al., Prevalence and Characteristics of Vibrator Use by Woman in the United States: results from a Nationally Representative Study, The Journal of Sexual Medicine 2009, 6, 1857-66 (2009).

Debby Herbenick et al., Women's experiences with genital touching, sexual pleasure, and orgasm: Results from a US probability sample of women ages 18 to 94, Journal of Sex & Marital Therapy, 44(2), 201-212. (2018).

Hans Verstraelen et al., Persistent aching and itching of the clitoris, Arch Gynecol Obstet, 288, 233-234 (2013).

Debby Herbenick, Sex Made Easy: Your Awkward Questions Answered ¿¿¿ For Better, Smarter, Amazing Sex, Running Press (2012).

Compilation of Womanizer Reviews from Websites

Compilation of Womanizer Awards

Compilation of Womanizer Reviews from Amazon.com and other sites

EIS, Inc. v. WOW Tech Int¿¿¿l GmbH, et al., C.A. No. 1:19-cv-01227-LPS (D. Delaware), Exhibit 15 to Original Complaint (D.E. 1)

Satisfyer Pro G-Spot Rabbit Website (Nov. 14, 2019)

Zunge Klitoris Saugen Website (Nov. 14, 2019)

Evidence of Copying by Parties Other Than Petitioner

Erika Lynae, Satisfyer Pro 2 Review (Aug. 25, 2016)

Womanizer v. Satisfyer Comparison Guide (Nov. 6, 2016)

Greater Than, Less Than, Equal To?: Womanizer vs. Satisfyer Secret Pleasures Boutique (Aug. 30, 2017)

Womanizer vs. Satisfyer Clash of the Clit Suckers (July 25, 2017)

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Debby Herbenick, SL Letter of the Day: By Special Guest Debby Herbenick, Savage Love, (Jul. 30, 2012)

EIS, Inc. v. WOW Tech Int¿¿¿l GmbH, et al., C.A. No. 1:19-cv-01227-LPS (D. Del.), Complaint Excerpts (D.E. 1)

U.S. Patent No. 6,464,653

Press Release

Patent Owner's Amended Mandatory Notices

PETITIONER'S AMENDED MANDATORY NOTICES PURSUANT TO 37 C.F.R. 42.8

Patent Owner's Amended Mandatory Notices

EXPUNGED

Patent Owner's Amended Mandatory Notices

Patent Owner Power of Attorney

Patent Owner's Mandatory Notices

Notice of Accord Filing Date

U.S. Patent No. 9,763,851

Declaration of Michael R. Prisco, P.E., Ph.D.

Prosecution History of U.S. Patent No. 9,763,851 B2 - Part 1

U.S. Patent No. 6,964,643 B2 (Hovland)

U.S. Patent No. 8,579,837 B1 (Makower)

PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 9,763,851

POWER OF ATTORNEY FOR PETITIONER EIS GMBH

Prosecution History of U.S. Patent No. 9,763,851 B2 - Part 2

Chinese Patent No. CN 2153351 (Guan) and Certified Translation

U.S. Patent No. 5,813,973 (Gloth)

GPTO Decision on Opposition Proceedings of German Patent DE 10 2013 110 501 and Certified Translation

Kevin L. Billups, 20 World J. Urol. 137 (2002)

German Patent No. 10 2013 110 501 and Certified Translation

Copy of CN 2153351 to Guan submitted by Applicant during prosecution of the ¿¿¿851 patent

Prosecution History of U.S. Patent Application No. 15/965,117