St. Jude Medical, Cardiology Division, Inc. v. Volcano Corp.

ON MOTION

TARANTO, Circuit Judge.

St. Jude Medical, Cardiology Division, Inc., petitioned the Director of the United States Patent & Trademark Office to institute an inter partes review of a patent owned by Volcano Corporation. The Director, through her delegee, denied the petition. St. Jude appealed the non-institution decision to this court. Volcano and the Director now move to dismiss. We grant the motion.

BACKGROUNB

In chapter 31 of Title 35, Congress established a process for inter partes review of an issued patent within the PTO. Section 311 specifies that a person other than the owner of…