Axonics won a Federal Circuit remand in IPR appeals against Medtronic neurostimulation patents.
The Board had declined to consider arguments Axonics raised in reply to a claim construction first proposed in Medtronic's patent-owner response. The Federal Circuit held that the Board needed to address those responsive arguments.
For PTAB practice, the case is a practical fairness rule. A petitioner cannot sandbag with new theories, but it must be allowed to respond to a construction introduced after the petition.
The decision should be grouped with IPR procedure stories because it affects how parties brief claim construction and obviousness after institution.