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ResMed Corp. et al. vs Cleveland Medical Devices, Inc.

The detailed information for PTAB case with proceeding number IPR2023-00565 filed by ResMed Corp. et al. against Cleveland Medical Devices, Inc. on Mar 22, 2023. This includes filing dates, application numbers, tech centers, patent numbers, and current case status.

Case Details

Proceeding Number: IPR2023-00565
Filing Date: Mar 22, 2023
Petitioner: ResMed Corp. et al.
Respondent: Cleveland Medical Devices, Inc.
Status: Final Written Decision
Respondent Application Number: 13440116
Respondent Tech Center: 3700
Respondent Patent Number: 10076269
Institution Decision Date: May 6, 2024
Termination Date: May 2, 2025

Proceeding Documents

The table below shows documents filed in the case, listing each document name, filing date, document type, and filing party. Tracking these filings indicates the activity of the parties involved in the case, and the types of documents filed can provide insights into the legal strategies being employed.

Show Exhibit Documents

Document Name	Filing Date	Category	Filing Party
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Order Denying Director Review of Final Written Decision	Jul 17, 2025	PAPER	BOARD
Patent Owner's Updated Mandatory Notices	Jun 12, 2025	PAPER	PATENT OWNER
Authorized Response to Director Review Request	Jun 10, 2025	PAPER	PETITIONER
Ex. 3107 Counsel email for Authorized Response	Jun 3, 2025	EXHIBIT	BOARD
Patent Owner's Request for Director Review	Jun 2, 2025	PAPER	PATENT OWNER
Final Written Decision Determining All Challenged Claims Unpatentable Denying Patent Owner’s Motion to Exclude	May 2, 2025	PAPER	BOARD
Email, Subject: RE_IPR2023-00565 - Motion for Reconsideration	Mar 13, 2025	EXHIBIT	BOARD
Other: Hearing transcript	Feb 26, 2025	PAPER	BOARD
Patent Owner's Updated Exhibit List	Jan 30, 2025	PAPER	PATENT OWNER
Ex. 2030 - Patent Owner's Demonstratives	Jan 30, 2025	EXHIBIT	PATENT OWNER
Petitioner's Updated Exhibit List	Jan 30, 2025	PAPER	PETITIONER
Exhibit 1034 - Petitioner's Hearing Demonstratives	Jan 30, 2025	EXHIBIT	PETITIONER
Patent Owner's Reply to Petitioner's Opposition to Motion to Exclude Evidence	Jan 28, 2025	PAPER	PATENT OWNER
Petitioner's Opposition to Patent Owner's Motion to Exclude	Jan 21, 2025	PAPER	PETITIONER
Order: Setting Oral Argument	Jan 15, 2025	PAPER	BOARD
Patent Owner's Motion to Exclude Evidence	Jan 13, 2025	PAPER	PATENT OWNER
Petitioner's Request for Oral Argument	Dec 23, 2024	PAPER	PETITIONER
Patent Owner's Request for Oral Hearing	Dec 18, 2024	PAPER	PATENT OWNER
Patent Owner's Sur-Reply	Dec 2, 2024	PAPER	PATENT OWNER
Petitioner's Reply to Patent Owner's Response	Oct 21, 2024	PAPER	PETITIONER
U.S. Patent No. 6,644,311 (“Truitt”)	Oct 21, 2024	EXHIBIT	PETITIONER
Sleep Disorders article	Oct 21, 2024	EXHIBIT	PETITIONER
Mayo Clinic Doxepin article	Oct 21, 2024	EXHIBIT	PETITIONER
Deposition Transcript of David Borkholder, Ph.D	Oct 21, 2024	EXHIBIT	PETITIONER
AU Patent App. Pub. 2005/200987 (“Berthon-Jones 987”)	Oct 21, 2024	EXHIBIT	PETITIONER
CA Patent App. Pub. 2 520 745 (“Berthon-Jones 745”)	Oct 21, 2024	EXHIBIT	PETITIONER
Excerpted C.A. 1:22-cv-00794-JLH January 5, 2024 Rebuttal Expert Report of David Borkholder, Ph.D	Oct 21, 2024	EXHIBIT	PETITIONER
U.S. Patent No. 6,142,952 (“Behbehani”)	Oct 21, 2024	EXHIBIT	PETITIONER
Petitioner's Notice of Deposition of David A. Borkholder, Ph.D.	Sep 12, 2024	PAPER	PETITIONER
Patent Owner's Response	Jul 29, 2024	PAPER	PATENT OWNER
Ex. 2015	Jul 29, 2024	EXHIBIT	PATENT OWNER
Ex. 2016	Jul 29, 2024	EXHIBIT	PATENT OWNER
Ex. 2017 - Declaration of Dr. David A. Borkholder	Jul 29, 2024	EXHIBIT	PATENT OWNER
Ex. 2018 - Declaration of Dr. Susheel Patil	Jul 29, 2024	EXHIBIT	PATENT OWNER
Ex. 2019	Jul 29, 2024	EXHIBIT	PATENT OWNER
Ex. 2020	Jul 29, 2024	EXHIBIT	PATENT OWNER
Ex. 2021	Jul 29, 2024	EXHIBIT	PATENT OWNER
Ex. 2022	Jul 29, 2024	EXHIBIT	PATENT OWNER
Ex. 2023	Jul 29, 2024	EXHIBIT	PATENT OWNER
Ex. 2024	Jul 29, 2024	EXHIBIT	PATENT OWNER
Ex. 2025	Jul 29, 2024	EXHIBIT	PATENT OWNER
Ex. 2026	Jul 29, 2024	EXHIBIT	PATENT OWNER
Ex. 2027	Jul 29, 2024	EXHIBIT	PATENT OWNER
Ex. 2028	Jul 29, 2024	EXHIBIT	PATENT OWNER
Ex. 2029	Jul 29, 2024	EXHIBIT	PATENT OWNER
Order denying Director Review of Institution Decision	Jul 9, 2024	PAPER	BOARD
Patent Owner's Notice of Taking Deposition of Jacob Sharony, Ph.D.	Jun 26, 2024	PAPER	PATENT OWNER
Director Review Request Email	May 21, 2024	EXHIBIT	BOARD
Patent Owner's Request for Director Review	May 20, 2024	PAPER	PATENT OWNER
Patent Owner's Objections to Evidence Under 37 C.F.R. 42.64	May 17, 2024	PAPER	PATENT OWNER
Institution Decision: DECISION Granting Institution of Inter Partes Review 35 U.S.C. § 314	May 6, 2024	PAPER	BOARD
Order: SCHEDULING ORDER	May 6, 2024	PAPER	BOARD
Petitioner's Reply to Patent Owner Supplemental Response	Jan 12, 2024	PAPER	PETITIONER
Defendant ResMed Inc.'s Final Invalidity Contentions and Exhibit G05 - Redacted	Jan 12, 2024	EXHIBIT	PETITIONER
Expert Report of Dr. Morten O. Jensen Regarding Invalidity Issues - Redacted	Jan 12, 2024	EXHIBIT	PETITIONER
Exhibit 3006	Jan 9, 2024	EXHIBIT	BOARD
Patent Owner's Response to Petitioner’s Supplemental Brief	Dec 29, 2023	PAPER	PATENT OWNER
Ex. 2013	Dec 29, 2023	EXHIBIT	PATENT OWNER
Ex. 2014	Dec 29, 2023	EXHIBIT	PATENT OWNER
ORDER Conduct of proceeding 37 C.F.R. § 42.5	Dec 18, 2023	PAPER	BOARD
Petitioner's Updated Exhibit List	Dec 13, 2023	PAPER	PETITIONER
Ex. 1023 - PTAB Board Call 112823 Transcript	Dec 13, 2023	EXHIBIT	PETITIONER
Exhibit 3005	Dec 7, 2023	EXHIBIT	BOARD
Petitioner's Supplemental Brief	Nov 30, 2023	PAPER	PETITIONER
ORDER Conduct of the Proceeding	Nov 29, 2023	PAPER	BOARD
Exhibit 3004	Nov 27, 2023	EXHIBIT	BOARD
Order: Conduct of proceeding 37 C.F.R. sec. 42.5	Nov 20, 2023	PAPER	BOARD
Ex. 3101	Nov 16, 2023	EXHIBIT	BOARD
Ex 3102	Nov 16, 2023	EXHIBIT	BOARD
Other: Director Review Decision Vacating the Decision on Institution and Remanding to the Patent Trial and Appeal Board for Further Proceedings	Nov 16, 2023	PAPER	BOARD
Ex. 3103	Nov 16, 2023	EXHIBIT	BOARD
Ex. 3104	Nov 16, 2023	EXHIBIT	BOARD
Ex. 3100 Director Review Request	Oct 27, 2023	EXHIBIT	BOARD
Peitioner's Request for Rehearing	Oct 20, 2023	PAPER	PETITIONER
Institution Decision: Deny	Sep 25, 2023	PAPER	BOARD
Exhibit 3003	Aug 16, 2023	EXHIBIT	BOARD
Patent Owner's Preliminary Sur-Reply to Petitioner's Preliminary Reply	Aug 7, 2023	PAPER	PATENT OWNER
Petitioners Reply to Patent Owners Preliminary Response	Jul 27, 2023	PAPER	PETITIONER
Ex. 3002	Jul 20, 2023	EXHIBIT	BOARD
ORDER Conduct of the Proceeding	Jul 20, 2023	PAPER	BOARD
Conduct of proceeding 37 C.F.R. 42.5	Jul 6, 2023	PAPER	BOARD
Motion for Late Submission due to P-TACTs Error	Jun 30, 2023	PAPER	PATENT OWNER
Ex. 2012	Jun 30, 2023	EXHIBIT	PATENT OWNER
Patent Owner Updated Exhibit List	Jun 30, 2023	PAPER	PATENT OWNER
Preliminary Response	Jun 29, 2023	PAPER	PATENT OWNER
Ex. 2001	Jun 29, 2023	EXHIBIT	PATENT OWNER
Ex. 2002	Jun 29, 2023	EXHIBIT	PATENT OWNER
Ex. 2003	Jun 29, 2023	EXHIBIT	PATENT OWNER
Ex. 2004	Jun 29, 2023	EXHIBIT	PATENT OWNER
Ex. 2005	Jun 29, 2023	EXHIBIT	PATENT OWNER
Ex. 2006	Jun 29, 2023	EXHIBIT	PATENT OWNER
Ex. 2007	Jun 29, 2023	EXHIBIT	PATENT OWNER
Ex. 2008	Jun 29, 2023	EXHIBIT	PATENT OWNER
Ex. 2009	Jun 29, 2023	EXHIBIT	PATENT OWNER
Ex. 2010	Jun 29, 2023	EXHIBIT	PATENT OWNER
Ex. 2011	Jun 29, 2023	EXHIBIT	PATENT OWNER
Exhibit 3001	Jun 29, 2023	EXHIBIT	BOARD
Notice : Mandatory Notice	Apr 12, 2023	PAPER	PATENT OWNER
Notice : Power of Attorney	Apr 12, 2023	PAPER	PATENT OWNER
Notice: Notice filing date accorded	Mar 28, 2023	PAPER	BOARD
U.S. Patent No. 10,076,269 (Kayyali et al.)	Mar 22, 2023	EXHIBIT	PETITIONER
1002A - U.S. Patent No. 10,076,269 Prosecution History - Part 1 of 2	Mar 22, 2023	EXHIBIT	PETITIONER
1002B - U.S. Patent No. 10,076,269 Prosecution History - Part 2 of 2	Mar 22, 2023	EXHIBIT	PETITIONER
U.S. SN 11/266,899 Prosecution History	Mar 22, 2023	EXHIBIT	PETITIONER
U.S. Patent No. 6,167,258 (Schmidt et al.)	Mar 22, 2023	EXHIBIT	PETITIONER
U.S. Patent Application Publication 2002/0165462A1 (Westbrook et al.)	Mar 22, 2023	EXHIBIT	PETITIONER
WO 2005/096737A2 (Farrell et al.)	Mar 22, 2023	EXHIBIT	PETITIONER
Paradiso IEEE 2003	Mar 22, 2023	EXHIBIT	PETITIONER
1010A - WO 2005/028029A2 (Stahmann et al.) - Part 1 of 3	Mar 22, 2023	EXHIBIT	PETITIONER
1010B - WO 2005/028029A2 (Stahmann et al.) - Part 2 of 3	Mar 22, 2023	EXHIBIT	PETITIONER
1010C - WO 2005/028029A2 (Stahmann et al.) - Part 3 of 3	Mar 22, 2023	EXHIBIT	PETITIONER
U.S. Patent Application Publication 2005/0171160A1 (Edgar et al.)	Mar 22, 2023	EXHIBIT	PETITIONER
U.S. Patent Application Publication 2003/0236450A1 (Kocinski)	Mar 22, 2023	EXHIBIT	PETITIONER
Guilleminault 2004 Obstructive sleep apneas syndromes	Mar 22, 2023	EXHIBIT	PETITIONER
Guilleminault 1978 Clinical Overview of the Sleep Apnea Syndromes	Mar 22, 2023	EXHIBIT	PETITIONER
Chicago Criteria 1999 - Sleep Related Breathing Disorders	Mar 22, 2023	EXHIBIT	PETITIONER
Moron et al - A Wireless Monitoring System for Pulse Oximetry	Mar 22, 2023	EXHIBIT	PETITIONER
Bluetooth Version 1.0B (Parts A and B) (November 1999)	Mar 22, 2023	EXHIBIT	PETITIONER
U.S. Patent No. 7,757,690 (Stahmann et al.)	Mar 22, 2023	EXHIBIT	PETITIONER
USPTO June 2022 Interim Procedure for Discretionary Denials	Mar 22, 2023	EXHIBIT	PETITIONER
Nieto 2000 JAMA	Mar 22, 2023	EXHIBIT	PETITIONER
Declaration of Jacob Sharony, Ph.D.	Mar 22, 2023	EXHIBIT	PETITIONER
WO2002-0787752A2 Genger - Original and Cert Translation	Mar 22, 2023	EXHIBIT	PETITIONER
Roux 2003 CPAP New Generations	Mar 22, 2023	EXHIBIT	PETITIONER
U.S. Patent Application Publication 2005/0115561A1 (Stahmann et al.)	Mar 22, 2023	EXHIBIT	PETITIONER
Petition for Inter Partes Review	Mar 22, 2023	PAPER	PETITIONER
Power of Attorney	Mar 22, 2023	PAPER	PETITIONER