Litigation

Unified Patents v. Cleveland Medical Devices Inc

Pending - Instituted

IPR2025-00160

Filed
2025

Patents at issue (1)

Plaintiffs (1)

Summary

This is an Inter Partes Review (IPR) proceeding initiated by Unified Patents against Cleveland Medical Devices Inc regarding US patent 11786680. The case is currently pending and has been instituted.

Case overview & background

Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.

This Inter Partes Review (IPR) proceeding, IPR2025-00160, was initiated by Unified Patents against Cleveland Medical Devices Inc. concerning US Patent No. 11,786,680. It is currently pending before the Patent Trial and Appeal Board (PTAB) and has been instituted for review. Notably, web search results for IPR2025-00160 consistently identify ResMed Corp. as the Petitioner against Cleveland Medical Devices Inc.. However, adhering to the provided case metadata, Unified Patents is treated as the petitioner in this summary.

Unified Patents is a member-based organization that aims to deter "patent trolls" (Non-Practicing Entities or NPEs) and reduce frivolous patent litigation by challenging the validity of patents in specific technology sectors, often through IPRs. Cleveland Medical Devices Inc., recently acquired by Beacon Biosignals in April 2025, is an operating company that designs, develops, manufactures, and markets biomedical signal processing and instrumentation devices, with a particular focus on portable sleep systems and home sleep testing technology, such as their SleepView monitors and web portal. The patent at issue, US Patent No. 11,786,680, is generally related to networked systems for medical devices, specifically those used in sleep therapy and monitoring.

The procedural posture involves an IPR before the Patent Trial and Appeal Board, an administrative body within the U.S. Patent and Trademark Office (USPTO). This venue is significant because IPRs provide a cost-effective and often faster alternative to district court litigation for challenging patent validity. The PTAB evaluates patentability based on prior art, and a decision to institute signifies that the petitioner has demonstrated a reasonable likelihood of success in proving at least one claim unpatentable. The institution decision for IPR2025-00160 occurred on June 13, 2025. There is also an ongoing parallel district court case, ResMed Corp. v. Cleveland Medical Devices, Inc., Case No. 1:23-cv-02221-BMB, in the Northern District of Ohio, where the '680 patent is being asserted through counterclaims of infringement.

This case is notable due to Unified Patents' role as a frequent challenger of patents asserted by NPEs, aiming to improve patent quality and curb what it perceives as abusive litigation practices. While the provided metadata identifies Unified Patents as the petitioner, the public record for IPR2025-00160 indicates ResMed Corp. as the petitioner, which is a significant operating company in the medical device industry, particularly for sleep and respiratory care. The linkage between the IPR and the parallel district court litigation underscores a common strategy where IPRs are used as a defensive tool against patent infringement claims. The PTAB's institution of the IPR in June 2025, despite the ongoing district court case, suggests that the Board found a compelling basis to review the patentability of the '680 patent's claims. The broader context of IPRs in 2025 also saw an evolving landscape of discretionary denial considerations by the USPTO Director, aiming to manage PTAB workload and refine the balance between administrative review and district court litigation.

Key legal developments & outcome

Major rulings, motions, claim construction, settlements, and the present posture or final disposition.

This case, IPR2025-00160, involves an Inter Partes Review (IPR) proceeding concerning U.S. Patent No. 11,786,680. It's important to clarify that ResMed Corp. is the petitioner in this IPR, not Unified Patents, as indicated in the initial prompt's metadata. Official PTAB documents and other sources consistently identify ResMed Corp. as the Petitioner against Patent Owner Cleveland Medical Devices Inc..

Here are the key legal developments and outcome for IPR2025-00160:

1. Filing & Initial Pleadings (IPR Petition)

  • Petition Filing: ResMed Corp. filed a Petition for Inter Partes Review of U.S. Patent No. 11,786,680 B1 on December 6, 2024. The petition challenged claims 1-5, 7, 8, 10-13, 15-18, and 20-31 of the patent.
  • Parties: The Petitioner is ResMed Corp. and the Patent Owner is Cleveland Medical Devices Inc..

2. Pre-trial Motions of Substance (Institution Decision)

  • Institution Decision: The Patent Trial and Appeal Board (PTAB) issued a decision granting institution of inter partes review on June 13, 2025. The Board found that ResMed Corp. had demonstrated a reasonable likelihood of success in proving that at least one of the challenged claims (1-5, 7, 8, 10-13, 15-18, and 20-31) of the '680 patent was unpatentable.
  • Discretionary Denial: Cleveland Medical Devices Inc. filed a Preliminary Response opposing institution, including arguments for discretionary denial. However, the PTAB was not persuaded to discretionarily deny the petition. Factors noted in the institution decision included that no trial date had been set in the parallel district court case and that the district court case was stayed pending the outcome of the Office proceedings, which weighed against discretionary denial.

3. Claim Construction (Markman) Outcomes

  • During the institution phase, the Petitioner, ResMed Corp., stated that it adopted the Patent Owner's interpretation of certain claim terms as described in the Patent Owner's opening claim construction brief in the parallel district court case. The Patent Owner did not dispute this proposal at that stage. For the purpose of the institution decision, the Board adopted the proposed level of ordinary skill in the art. Any final claim constructions would be based on the full trial record.

4. Discovery Milestones with Strategic Significance

  • While formal "discovery" as in district court litigation is limited in IPRs, the record reflects that before the parallel district court case was stayed, the parties had served interrogatories and requests for production and exchanged some documents. They had also completed claim construction briefing in the district court, though a hearing was not held before the stay.

5. Trial Events, Verdict, and Post-Trial Motions (Final Written Decision)

  • Final Written Decision: The PTAB issued a Final Written Decision on June 4, 2026.
  • Outcome: The Final Written Decision determined "No Challenged Claim Unpatentable" under 35 U.S.C. § 318(a). This means that ResMed Corp. was unsuccessful in proving that the challenged claims of U.S. Patent No. 11,786,680 were unpatentable.

6. Settlement, Dismissal, Judgment, or Appeal

  • The Final Written Decision, issued on June 4, 2026, found all challenged claims patentable, concluding the IPR proceeding in favor of Cleveland Medical Devices Inc.. As of the current date (June 15, 2026), there is no information available in the provided search results regarding any appeal of this Final Written Decision to the Federal Circuit.

7. Parallel PTAB IPR/PGR Proceedings on the Asserted Patents and Their Effect on the Litigation

  • Parallel District Court Litigation: U.S. Patent No. 11,786,680 is also involved in a patent infringement lawsuit, ResMed Corp. v. Cleveland Medical Devices, Inc., Case No. 1:23-cv-02221-BMB, in the Northern District of Ohio. This district court case was stayed pending the completion of Office proceedings concerning the '680 patent and other asserted patents.
  • Other PTAB Proceedings: ResMed Corp. also filed an ex parte reexamination of the '680 patent (Control No. 90/019,705). Additionally, ResMed Corp. initiated multiple other IPRs against patents owned by Cleveland Medical Devices Inc., including IPR2025-00157 (U.S. Patent No. 11,602,284), IPR2025-00158 (U.S. Patent No. 11,690,512), IPR2025-00159 (U.S. Patent No. 11,375,921), IPR2025-00246 (U.S. Patent No. 11,857,333), and IPR2025-00247 (U.S. Patent No. 11,872,029). The stay of the district court litigation was noted to be pending the completion of these various IPRs and ex parte reexaminations.
  • The institution of IPR2025-00160 played a role in maintaining the stay of the parallel district court litigation, aligning with PTAB policy that a stay can alleviate concerns about inefficiency and duplication of efforts.

Plaintiff representatives

Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

In the Inter Partes Review (IPR) proceeding IPR2025-00160, ResMed Corp. is the petitioner, not Unified Patents, as initially stated in the case metadata. The counsel of record representing ResMed Corp. are primarily from Paul Hastings LLP. [cite: 1, 7, 10 in previous search, 11 in previous search]

Here are the identified attorneys for the petitioner:

  • Lisa K. Nguyen

    • Role: Lead Counsel (Partner) [cite: 11 in previous search]
    • Firm & Office Location: Paul Hastings LLP, Palo Alto, CA [cite: 1, 4 in previous search, 8 in previous search]
    • Experience: Ms. Nguyen is a partner in the Intellectual Property practice, focusing on litigation against non-practicing entities. She has a strong track record of successful trial verdicts, summary judgment rulings, and dismissals, with substantial experience in District Courts, the International Trade Commission (ITC), and the Patent Trial and Appeal Board (PTAB). She has been recognized among the top 1% of Best Performing Attorneys in the PTAB. [cite: 1, 4 in previous search]
  • Eric E. Lancaster

    • Role: Partner (admitted pro hac vice in this IPR) [cite: 7 in previous search]
    • Firm & Office Location: Paul Hastings LLP, Palo Alto, CA [cite: 2 in previous search, 9 in previous search]
    • Experience: Mr. Lancaster is a partner in the Intellectual Property practice, specializing in litigation across various forums including district courts, the ITC, and the PTAB. His experience spans intellectual property and antitrust matters in sectors such as pharmaceuticals, medical devices, software, and semiconductors. He has served as lead counsel in multiple litigation matters. [cite: 2 in previous search, 7 in previous search, 9 in previous search]
  • David M. Tennant

    • Role: Partner
    • Firm & Office Location: Paul Hastings LLP, Washington, D.C.
    • Experience: Mr. Tennant is a partner in the Intellectual Property practice with over 20 years of legal experience, focusing particularly on PTAB proceedings and district court litigation. He has an electrical engineering background and represents clients across various technologies, including medical devices, semiconductors, and computer networks. Patexia listed him as the #1 Best Performing Attorney in the PTAB, where he has a success rate of over 90% post-institution for petitioners. [cite: 1, 4, 5 in previous search]
  • Grace I. Wang

    • Role: Partner
    • Firm & Office Location: Paul Hastings LLP, New York, NY
    • Experience: Dr. Wang is a partner in the Intellectual Property practice, leveraging her Ph.D. in electrical engineering for patent litigation in the ITC, district courts, and post-grant proceedings. She has experience with a wide range of technologies, including signal processing, integrated circuits, medical devices, and data analytics. She is ranked as the fourth overall best-performing attorney in the nation at the PTAB and has represented ResMed in other IPR proceedings challenging patents related to CPAP machines.

Unconfirmed Counsel:
While some summaries of IPR2025-00160 briefly list Kevin M. Stewart and Howard M. Herriot as Petitioner Counsel [cite: 6 in previous search], specific details confirming their roles for ResMed Corp. in this particular IPR, their office locations within Paul Hastings LLP (if they are indeed with the firm in a patent litigation capacity), or their relevant patent litigation experience, are not consistently available or clearly established by the provided search results. A "Kevin Stewart" is associated with Paul Hastings LLP as counsel for a patent owner in a different IPR, but this does not confirm his role as petitioner counsel for ResMed Corp. in IPR2025-00160. No relevant professional profile or case involvement could be definitively identified for "Howard M. Herriot" in relation to Paul Hastings LLP and patent litigation.

Defendant representatives

Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

Here is the counsel of record representing Cleveland Medical Devices Inc. in IPR2025-00160:

  • James Hannah

    • Role: Respondent Counsel. He is an internationally recognized patent litigator.
    • Firm: Herbert Smith Freehills Kramer.
    • Office Location: While specific office location for this case is not explicitly stated, Herbert Smith Freehills Kramer operates as a global law firm. James Hannah was previously associated with Kramer Levin Naftalis & Frankel LLP in Menlo Park, CA, in a different IPR proceeding.
    • Experience: James Hannah has a track record of securing victories in high-stakes intellectual property disputes across Federal District Courts, the International Trade Commission, and the U.S. Patent and Trademark Office, including inter partes review (IPR) proceedings. He has been recognized as a leading practitioner in IPRs.
  • Jenna Fuller

    • Role: Respondent Counsel. She is an associate.
    • Firm: Herbert Smith Freehills Kramer.
    • Office Location: New York. An older listing also shows her in Menlo Park, CA, with a previous firm.
    • Experience: Jenna Fuller works on intellectual property cases involving complex technology, including medical devices, electro-mechanical devices, and computer systems. Her experience includes patent litigation in federal district courts and proceedings before the U.S. Patent and Trademark Office. She previously served as an extern for the Honorable Pauline Newman of the U.S. Court of Appeals for the Federal Circuit.
  • Jeffrey H. Price

    • Role: Respondent Attorney. He is Counsel.
    • Firm: Herbert Smith Freehills Kramer.
    • Office Location: New York.
    • Experience: Jeffrey Price focuses on intellectual property matters, particularly patent litigation in federal district courts and before the U.S. Patent and Trademark Office. He has been recognized as one of the nation's top inter partes review practitioners by Docket Navigator in multiple years (2015, 2016, 2020). His technical background includes semiconductor device engineering at IBM.
  • Jeffrey G. Eng

    • Role: Respondent Attorney.
    • Firm: Herbert Smith Freehills Kramer.
    • Office Location: Contact information implies a New York office.
    • Experience: Jeffrey Eng works on intellectual property matters, with a focus on patent litigation and post-grant proceedings before the U.S. Patent and Trademark Office. He also prepares and prosecutes U.S. and international patents across various technologies, including computer virtualization, cloud computing, wireless telecommunications, and medical devices. Prior to his legal career, he was a full-stack software developer.
  • Eric E. Lancaster

    • Role: Counsel pro hac vice.
    • Firm: Paul Hastings LLP.
    • Office Location: Palo Alto, California.
    • Experience: Eric Lancaster is a partner in the Intellectual Property practice, focusing on litigation in district courts, the International Trade Commission, and the Patent Trial and Appeal Board. His experience spans various sectors and technologies, including pharmaceuticals, medical devices, software, and semiconductors. He has served as lead counsel in multiple litigation matters.