Medtronic, Inc. v. AGA Medical Corp.

ORDER DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT THAT THE HUGHES DOCUMENT IS NOT PRIOR ART

Before the Court is plaintiffs Medtronic, Inc., Medtronic USA, Inc., and Medtronic Vascular, Inc.’s (collectively, “Medtronic”) “Motion for Summary Judgment that the Hughes Document Is Not Prior Art,” filed February 27, 2009. Defendant AGA Medical Corporation (“AGA”) has filed opposition, to which Medtronic has replied. Having read and considered the papers filed in support of and in opposition to the motion, the Court rules as follows.

Under 35 U.S.C. § 102 , a person is not entitled to a patent if the patented invention was “described in a printed publication in this or a foreign country[]” either “before the invention thereof by the applicant for patent” or “more than one year prior to the date of the application for patent in the United States.” See 35 U.S.C. § 102 (a)-(b). In determining whether a document is a “printed publication,” the “touchstone” is “public accessibility.” See In re Hall, 781 F.2d 897, 898-99 (Fed.Cir.1986). “A given reference is publicly accessible upon a satisfactory showing that such document has been disseminated or otherwise made available to the extent…