PatentlyO discusses PTAB ruling in St. Jude Medical v. Volcano Corp

See Interpreting the IPR Deadline; Conflicting PTAB Decisions; and Appealing Nonappealable Decisions concerning whether a counterclaim can be deemed a complaint, including the text



Rather, St. Jude sued Volcano for infringement and Volcano served an answer and counterclaim of infringement. The counterclaim was served more than one-year before the IPR request. Leaving the legal question of whether the filing of an answer with a counterclaim alleging infringement counts under the statute as a "complaint alleging infringement."